ENVIRONMENTAL ASSESSMENT ADDRESSING PROPOSED TACTICAL INFRASTRUCTURE · 2019. 4. 15. · 39 El...

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DRAFT ENVIRONMENTAL ASSESSMENT ADDRESSING PROPOSED TACTICAL INFRASTRUCTURE MAINTENANCE AND REPAIR ALONG THE U.S./MEXICO INTERNATIONAL BORDER IN TEXAS MARCH 2014 Department of Homeland Security U.S. Customs and Border Protection U.S. Border Patrol BW11 FOIA CBP 007347

Transcript of ENVIRONMENTAL ASSESSMENT ADDRESSING PROPOSED TACTICAL INFRASTRUCTURE · 2019. 4. 15. · 39 El...

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DRAFT

ENVIRONMENTAL ASSESSMENT

ADDRESSING PROPOSED TACTICAL INFRASTRUCTURE

MAINTENANCE AND REPAIR ALONG THE

U.S./MEXICO INTERNATIONAL BORDER IN TEXAS

MARCH 2014

Department of Homeland Security U.S. Customs and Border Protection

U.S. Border Patrol

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ABBREVIATIONS AND ACRONYMS

μg/m3 microgram per cubic meter

ACHP Advisory Council on Historic Preservation

ACM asbestos-containing materials

AIRFA American Indian Religious Freedom Act

ARHA Archeological and Historic Preservation Act

AST aboveground storage tank

AQCR air quality control region

BMP best management practice

CAA Clean Air Act

CBP U.S. Customs and Border Protection

CEQ Council on Environmental Quality

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act

CFR Code of Federal Regulations

CO carbon monoxide

CO2 carbon dioxide

CWA Clean Water Act

dBA a-weighted decibel

DHS Department of Homeland Security

DOD U.S. Department of Defense

DVD digital video disc

EA Environmental Assessment

EIA Energy Information Agency

EIS Environmental Impact Statement

EO Executive Order

ESA Endangered Species Act

ESCP Erosion-and-sediment-control plans

ESP Environmental Stewardship Plan

ESSR Environmental Stewardship Summary Report

FEMA Federal Emergency Management Agency

FIFRA Federal Insecticide, Fungicide, and Rodenticide Act

FIRM Flood Insurance Rate Map

FM&E Facilities Management and Engineering

FONSI Finding of No Significant Impact

FPPA Farmland Protection Policy Act

FR Federal Register

FY Fiscal Year

GHG greenhouse gas

HAP hazardous air pollutant

HUC hydrologic unit code

I Interstate

IIRIRA Illegal Immigration Reform and Immigrant Responsibility Act

LBP lead-based paint

mg/m3 milligrams per cubic meter

mm/year millimeters per year

mph miles per hour

msl mean sea level

NAAQS National Ambient Air Quality Standards

NAGPRA Native American Graves Protection and Repatriation Act

NEPA National Environmental Policy Act

continued on inside of back cover

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continued from inside of front cover

NHPA National Historic Preservation Act

NO2 nitrogen dioxide

NOA Notice of Availability

NOx nitrogen oxides

NPDES National Pollutant Discharge Elimination System

NPS U.S. National Park Service

NRCS Natural Resources Conservation Service

NRHP National Register of Historic Places

NWR National Wildlife Refuge

O3 Ozone

OSHA Occupational Safety and Health Administration

PA Programmatic Agreement

Pb lead

PCB polychlorinated biphenyl

percent g percent of the force of gravity

PM10 particulate matter equal to or less than 10 microns in diameter

PM2.5 particulate matter equal to or less than 2.5 microns in diameter

PMO Project Management Office

POE Port of Entry

ppm part per million

ppb part per billion

PSD Prevention of Significant Deterioration

RCRA Resource Conservation and Recovery Act

ROI region of influence

ROW right-of-way

RVSS Remote Video Surveillance System

SBInet Secure Border Initiative

SHPO State Historic Preservation Officer

SIP State Implementation Plan

SOP standard operating procedures

SO2 sulfur dioxide

SSPP Strategic Sustainability Performance Plan

TCEQ Texas Commission on Environmental Quality

TPWD Texas Parks and Wildlife Department

tpy tons per year

TSCA Toxic Substances Control Act

TX Texas Highway

USACE U.S. Army Corps of Engineers

USBP U.S. Border Patrol

U.S.C United States Code

USEPA U.S. Environmental Protection Agency

USGS U.S. Geological Survey

USFS U.S. Forest Service

USFWS U.S. Fish and Wildlife Service

USIBWC United States Section, International Boundary and Water Commission

UST underground storage tank

VOC volatile organic compound

WMA Wildlife Management Area

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COVER SHEET 1 2

DRAFT 3 ENVIRONMENTAL ASSESSMENT ADDRESSING 4

PROPOSED TACTICAL INFRASTRUCTURE MAINTENANCE AND REPAIR 5 ALONG THE U.S./MEXICO INTERNATIONAL BORDER IN TEXAS 6

7 DEPARTMENT OF HOMELAND SECURITY, 8

U.S. CUSTOMS AND BORDER PROTECTION, 9 U.S. BORDER PATROL 10

Responsible Agencies: Department of Homeland Security (DHS), U.S. Customs and Border 11 Protection (CBP), U.S. Border Patrol (USBP). 12

Affected Location: U.S./Mexico international border in Texas. 13

Proposed Action: CBP proposes to maintain and repair existing tactical infrastructure along the 14 U.S./Mexico international border in Texas. The existing tactical infrastructure along the 15 U.S./Mexico international border in Texas is within USBP El Paso, Big Bend, Del Rio, Laredo, 16 and Rio Grande Valley sectors. 17

Report Designation: Draft Environmental Assessment (EA). 18

Abstract: CBP proposes to maintain and repair existing tactical infrastructure along the 19 U.S./Mexico international border in Texas. The existing tactical infrastructure includes fences 20 and gates, roads and bridges/crossovers, drainage structures and grates, boat ramps, lighting and 21 ancillary power systems, and communications and surveillance tower components (including 22 Remote Video Surveillance System [RVSS] or Secure Border Initiative [SBInet] towers [which 23 are henceforth referred to as towers]). The existing tactical infrastructure occurs within the 24 USBP El Paso, Big Bend, Del Rio, Laredo, and Rio Grande Valley sectors in Texas. 25

The EA analyzes and documents potential environmental consequences associated with the 26 Proposed Action. The analyses presented in the EA indicate that implementation of the 27 Proposed Action would not result in significant environmental impacts, and a Finding of 28 No Significant Impact (FONSI) has been prepared. 29

Throughout the National Environmental Policy Act (NEPA) process, the public may obtain 30 information concerning the status and progress of the Proposed Action and the EA via the 31 project Web site at http://www.cbp.gov/about/environmental-cultural-stewardship/nepa-32 documents/docs-review; by emailing [email protected]; by written request to Texas 33 TIMR EA, c/o Nicolas Frederick at HDR, 3733 National Drive, Suite 207, Raleigh, NC 27612; 34 or by fax to (919) 785-1178. 35

[[Preparer’s Note: Please confirm above Web site, email address, and contact information are 36 correct for use during the Draft EA comment period.]] 37

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DRAFT

ENVIRONMENTAL ASSESSMENT

ADDRESSING PROPOSED TACTICAL

INFRASTRUCTURE MAINTENANCE AND REPAIR

ALONG THE U.S./MEXICO INTERNATIONAL

BORDER IN TEXAS

Department of Homeland Security U.S. Customs and Border Protection

U.S. Border Patrol

MARCH 2014

This document printed on paper that contains at least 30 percent postconsumer fiber.

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Proposed TIMR Along the U.S./Mexico International Border in Texas

Draft EA March 2014 ES-1

EXECUTIVE SUMMARY 1

INTRODUCTION 2

The Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP), 3 propose to maintain and repair certain existing tactical infrastructure along the U.S./Mexico 4 international border in the State of Texas. The tactical infrastructure proposed to be maintained 5 and repaired consists of fences and gates, roads and bridges/crossovers, drainage structures and 6 grates, lighting and ancillary power systems, and communications and surveillance tower 7 components (including Remote Video Surveillance System [RVSS] or Secure Border Initiative 8 [SBInet] towers [henceforth referred to as towers]). The existing tactical infrastructure occurs in 9 the following U.S. Border Patrol (USBP) sectors: El Paso, Big Bend, Del Rio, Laredo, and Rio 10 Grande Valley. 11

The tactical infrastructure analyzed in this Environmental Assessment (EA) crosses multiple 12 privately owned land parcels, tribal lands, and public lands managed by the National Park 13 Service (NPS) U.S. Fish and Wildlife Service (USFWS), Texas Parks and Wildlife Department 14 (TPWD), and U.S. Department of Defense (DOD). The CBP Facilities Management and 15 Engineering (FM&E) Office is responsible for construction and maintenance and repair of 16 tactical infrastructure (e.g., fences, roads, lights, towers, and drainage structures) to support CBP 17 border security requirements. 18

This EA addresses the maintenance and repair of existing tactical infrastructure. Tactical 19 infrastructure included in this EA is found in all five USBP sectors along the U.S./Mexico 20 international border in Texas. This EA also addresses maintenance and repair of any tactical 21 infrastructure on tribal lands in Texas. However, the maintenance and repair of tactical 22 infrastructure assets that are already addressed in previous National Environmental Policy Act 23 (NEPA) documents is not included within the scope of this EA. In addition, tactical 24 infrastructure assets that are covered by a waiver issued by the Secretary of Homeland Security 25 (the Secretary) are also excluded from the scope of this EA. 26

CBP prepared this EA through coordination with Federal and state agencies to identify and 27 assess the potential impacts associated with the proposed maintenance and repair of tactical 28 infrastructure. This EA is being prepared to fulfill the requirements of the NEPA. 29

PURPOSE AND NEED 30

The purpose of the Proposed Action is to ensure that the physical integrity of the existing tactical 31 infrastructure and associated supporting elements continue to perform as intended and assist the 32 USBP in securing the U.S./Mexico international border in Texas. In many areas, tactical 33 infrastructure is a critical element of border security, which contributes as a force multiplier for 34 controlling and preventing illegal border intrusion. To achieve effective control of our nation’s 35 borders, CBP is developing a combination of personnel, technology, and infrastructure; 36 mobilizing and rapidly deploying highly trained USBP agents; placing tactical infrastructure 37 strategically; and fostering partnerships with other law enforcement agencies. 38

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Draft EA March 2014 ES-2

The Proposed Action is needed to maintain the increased level of border security provided by the 1 existing tactical infrastructure that could otherwise become compromised through acts of 2 sabotage, acts of nature, or a concession in integrity due to a lack of maintenance and repair. 3 CBP must ensure that tactical infrastructure functions as it is intended, which assists CBP with 4 the following mission requirements: 5

Establishing substantial probability of apprehending terrorists and their weapons as they 6 attempt to enter illegally between the Ports of Entry (POEs) 7

Deterring illegal entries through improved enforcement 8

Detecting, apprehending, and deterring smugglers of humans, drugs, and other 9 contraband. 10

Furthermore, well-maintained tactical infrastructure allows ready access to the U.S./Mexico 11 international border for rapid response to detected threats and facilitates the ability to adjust 12 quickly to changing threats. 13

PUBLIC INVOLVEMENT 14

CBP notified relevant Federal, state, and local agencies of the Proposed Action and requested 15 input regarding any environmental concerns they might have. As part of the NEPA process, 16 CBP coordinated with the U.S. Environmental Protection Agency (USEPA); USFWS; Texas 17 Historical Commission; and other Federal, state, and local agencies. Input from agency 18 responses has been incorporated into the analysis of potential environmental impacts. 19

A Notice of Availability (NOA) for this EA and Draft Finding of No Significant Impact (FONSI) 20 will be published in the following newspapers: 21

El Paso Times 22 El Diario de El Paso (Spanish) 23 Van Horn Advocate (English and Spanish) 24 Alpine Avalanche (English and Spanish) 25 Big Bend Sentinel 26 The International (Spanish) 27 Del Rio News Herald (English and Spanish) 28 Eagle Pass Business Journal 29 The News Gram (English and Spanish) 30 La Prensa (Spanish) 31 San Antonio Express News 32 Laredo Morning Times (English and Spanish) 33 Starr County Town Crier (English and Spanish) 34 The Monitor 35 Valley Morning Star 36 El Extra (Spanish) 37 Brownsville Herald 38 El Nuevo Heraldo (Spanish). 39

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Draft EA March 2014 ES-3

The publications are intended to solicit comments on the Proposed Action and involve the local 1 community in the decisionmaking process. Substantive comments from the public and other 2 Federal, state, and local agencies will be incorporated into the Final EA. 3

During the 45-day public review and comment period for the Draft EA, CBP will accept 4 comment submissions by fax, email, and mail from the public; Federal and state agencies; 5 Federal, state, and local elected officials; stakeholder organizations; and businesses. 6

DESCRIPTION OF THE PROPOSED ACTION 7

CBP proposes to maintain and repair existing tactical infrastructure consisting of fences and 8 gates, roads and bridges/crossovers, drainage structures and grates, designated open observation 9 zones, boat ramps, lighting and ancillary power systems, and communications and surveillance 10 tower components not directly associated with the tactical infrastructure covered by the 11 Secretary’s waiver and prior NEPA documentation. The maintenance and repair activities are 12 necessary to repair damages caused by natural disasters, normal deterioration due to wear and 13 tear, and intentional destruction or sabotage. The existing tactical infrastructure is along the 14 U.S./Mexico international border in Texas and cuts across multiple land ownership categories 15 including lands under CBP ownership, lands managed by other Federal agencies, tribal lands, 16 and private property. Most of the maintenance and repair activities associated with the Proposed 17 Action would occur within 25 miles of the U.S./Mexico international border in Texas. CBP will 18 develop a comprehensive protocol for coordinating the necessary maintenance and repair 19 activities within the different classes of landownership. The maintenance and repair of tactical 20 infrastructure assets that are already addressed in previous NEPA documents is not included in 21 this EA. In addition, tactical infrastructure assets that are covered by a waiver issued by the 22 Secretary are not included in this EA. Tribal land associated with the Kickapoo Lucky Eagle 23 Casino is present within the ROI. 24

The USBP sectors along the U.S./Mexico international border in Texas have identified a need for 25 tactical infrastructure maintenance and repair to ensure their continued utility in securing the 26 border. The CBP FM&E Sector Coordinator would work closely with the sector for all 27 maintenance and repair activities. Proposed activities would be managed by the Project 28 Management Office’s Maintenance and Repair Supervisor. CBP proposes to conduct the 29 following forms of tactical infrastructure maintenance and repair. 30

Fences and Gates 31

Maintenance and repair of fences and gates would consist of welding of metal fence components, 32 replacing damaged or structurally compromised members, reinforcing or bracing foundations, 33 repairing burrowing activities under fences and gates, repairing weather-related damages, and the 34 controlling vegetation, and removing accumulated debris. The Proposed Action would also 35 include the repair or replacement of gate-operating equipment (e.g., locks, opening/closing 36 devices, motors, and power supplies). There are approximately 135 miles of fence on non-tribal 37 lands in Texas. The fencing consists of primary border fencing and a variety of perimeter 38 security fencing to protect sensitive infrastructure. Approximately 5 percent of the fences and 39 gates installed by CBP within the Texas action area are not covered by a Secretary’s waiver or 40 previously analyzed and are, therefore, evaluated in this EA. 41

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Access Roads and Integrated Bridges/Crossovers 1

Maintenance and repair of access roads and bridges would consist of filling in potholes, 2 regrading road surfaces, implementing improved water drainage measures (e.g., ensure road 3 crowns shed water and establishing drainage ditches, culverts, or other water-control features, as 4 needed to control runoff and prevent deterioration to existing infrastructure or surrounding land), 5 applying soil stabilization agents, controlling vegetation and debris, and adding lost road surface 6 material to reestablish intended surface elevation needed for adequate drainage. 7

Approximately 2,100 miles of the 2,500 miles of road within the action area that are used by 8 CBP are not covered by a Secretary’s waiver or previously analyzed and are, therefore, evaluated 9 in this EA. All 2,100 miles are within 25 miles of the U.S./Mexico international border in Texas. 10 The exact number of miles of roads associated with the Proposed Action within Texas could 11 change over time to accommodate CBP needs. Therefore, the number of miles of roads 12 associated within the Proposed Action is considered somewhat flexible and not constrained by a 13 fixed quantifiable number. Future actions, such as major changes to roadway networks and 14 major upgrades to existing roadways, would require separate NEPA analysis. 15

Drainage Management Structures 16

Maintenance and repair of drainage systems would consist of cleaning blocked culverts and 17 grates of trash and general debris and repairing or replacing nonfunctional or damaged drainages 18 when necessary. Resizing and replacing or repairing culverts or flow structures would occur, as 19 necessary, to maintain proper functionality; and riprap, gabions, and other erosion-control 20 structures would be repaired, resized, or added to reduce erosion and improve water flow. In 21 addition, maintenance and repair of riprap and low-water crossings would occur when necessary 22 to maintain proper functionality. Maintenance and repair requirements would consist of 23 restoring or replacing damaged or displaced riprap. All debris and trash removed from culverts 24 and grates would be hauled away to an appropriate disposal facility. An estimated 90 such 25 structures associated with the tactical infrastructure are proposed to be maintained and repaired 26 in the action area; approximately 90 percent are considered in this EA. 27

Vegetation Control to Maintain Road Visibility 28

Vegetation encroaching upon roads and bridges would be maintained to ensure visibility and to 29 sustain safe driving conditions for USBP agents during travel. Control of vegetation would be 30 achieved by trimming, mowing, and applying selective herbicides. In areas deemed too difficult 31 to mow, such as under guardrails, within riprap, and immediately adjacent to bodies of water 32 within the proposed setbacks, herbicides would be used if appropriate. Appropriate best 33 management practices (BMPs) would be implemented for all herbicide use (see Appendix E). 34 Herbicides safe for aquatic use would be used within aquatic systems. Application of terrestrial 35 and aquatic herbicide would be made with products approved by the USEPA and the relevant 36 Federal land management agency, where appropriate. Certified USBP sector or contract support 37 personnel would use all herbicides in accordance with label requirements. Herbicide use would 38 be part of an integrated approach that uses minimal quantities of herbicide. Heavy equipment 39 needed would include mowers, trimmers, and equipment necessary for mechanical grubbing. 40 BMPs would be implemented to stabilize the work areas and avoid impacts on biological 41 resources (see Appendix E). 42

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Draft EA March 2014 ES-5

CBP would conduct surveys for nesting migratory birds and nests if maintenance occurred 1 during the nesting season (March 15 through September 15). Vegetation control would not 2 occur in suitable or critical habitat of threatened or endangered species. If CBP determined that 3 vegetation control must be conducted within suitable habitat of threatened or endangered species, 4 they would consult further with the USFWS. 5

Boat Ramps 6

The maintenance and repair of boat ramps would include repairing and restoring boat ramp 7 surfaces, conducting vegetation control to maintain unencumbered access, and implementation of 8 erosion-control measures. 9

Lighting and Ancillary Power Systems 10

Maintenance and repair would consist of the replacement of burned-out light bulbs, 11 restoration/replacement of damaged power lines or onsite power-generating systems 12 (e.g., generators, fuel cells, wind turbine generators, and photovoltaic arrays), repair and 13 replacement of associated electrical components, and, where necessary, vegetation control and 14 debris removal. Heavy equipment potentially needed to maintain lighting and ancillary power 15 systems includes lifts, track-hoes, backhoes, and flatbed trucks. Approximately 95 percent of the 16 estimated 750 lighting and ancillary power systems within the action area is considered in this 17 EA. 18

Communications and Surveillance Towers 19

Communications and surveillance towers and their components are mounted on a combination of 20 monopoles, water towers, radio towers, telephone poles, and buildings. The physical structures 21 of the communications and surveillance tower components would be repaired and maintained 22 (e.g., painting and welding to maintain existing metal towers), as necessary. Heavy equipment 23 potentially needed to maintain lighting and ancillary power systems includes lifts, track-hoes, 24 backhoes, and flatbed trucks. Maintenance and repair of secondary power-generation systems 25 would consist of the replacement of burned-out light bulbs, restoration or replacement of 26 damaged power lines, repair and replacement of associated electrical components and, where 27 necessary, vegetation control and debris removal. Between 100 and 120 of the towers used by 28 CBP in the action area are considered in this EA. 29

Each of the towers has a small footprint; none exceeds 10,000 square feet. For all water and 30 radio towers, the total amount of disturbance would not exceed 28 acres. Access roads to the 31 towers are included in the road mileage previously discussed. 32

Equipment Storage 33

The maintenance and repair of the existing tactical infrastructure as previously described requires 34 the use of various types of equipment and support vehicles. Such equipment could include 35 graders, backhoes, tractor mowers, dump trucks, flatbed trucks, and pick-up trucks. When 36 assigned to an activity, the equipment would be stored within the existing footprint of the 37 maintenance and repair location or at a staging area previously designated for such purposes by 38 CBP. All the staging areas and, in turn, the activities occurring therein, that would be used by 39 CBP as part of the Proposed Action have either already been analyzed in previous NEPA 40

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Draft EA March 2014 ES-6

documents or are covered by the Secretary’s waiver. BMPs would be implemented to avoid 1 impacts on wildlife and threatened and endangered species once equipment is moved (see 2 Appendix E). 3

ALTERNATIVES ANALYSIS 4

Alternatives Considered 5

Alternative 1: Proposed Action. Under this alternative, maintenance and repair would be 6 performed as described in Section 2.2. A comprehensive set of BMPs would be incorporated as 7 part of the proposed maintenance and repair activities to minimize potential impacts (see 8 Appendix E). Maintenance and repair would occur via a periodic work plan based on 9 anticipated situations within each sector and funding availability. Although centrally managed 10 by FM&E, prioritization of projects based upon evolving local requirements within each sector 11 would determine maintenance and repair schedules. This alternative would accommodate 12 changes in tactical infrastructure maintenance and repair requirements. Maintenance and repair 13 requirements could change over time based on changes in usage or location, but would not 14 exceed the scope of the EA. If the scope of the EA is exceeded, new NEPA analysis would be 15 required. Using such an approach, FM&E and sector managers would still be committed to a 16 preventative maintenance strategy and performing repairs to specified standards where 17 necessary. FM&E and the sectors would ensure the sustainability of tactical infrastructure to 18 support mission requirements. 19

Alternative 2: No Action Alternative. Under the No Action Alternative, the tactical 20 infrastructure along the U.S./Mexico international border in Texas would be maintained on an 21 as-needed basis and would be considered primarily reactive maintenance. This approach would 22 lack centralized standardization of maintenance and repair activities, and BMPs intended to 23 reduce impacts might not be implemented. Such ad hoc maintenance would not address the 24 overall maintenance requirements for tactical infrastructure and would not be considered 25 sustainable in quality, resulting in the gradual degradation of the tactical infrastructure. 26 Maintenance and repair activities planned on an ad hoc basis without uniform application of 27 centralized standards would likely lead to inconsistent outcomes and greater risk to 28 environmental resources, CBP personnel, and CBP needs if no BMPs could be implemented. 29 The No Action Alternative would not meet CBP mission needs and does not address the 30 Congressional mandates for gaining effective control of the U.S./Mexico international border in 31 Texas. However, inclusion of the No Action Alternative is prescribed by the Council on 32 Environmental Quality (CEQ) regulations and will be carried forward for analysis in the EA. 33 The No Action Alternative also serves as a baseline against which to evaluate the impacts of the 34 Proposed Action. 35

SUMMARY OF ENVIRONMENTAL IMPACTS 36

Table ES-1 provides an overview of potential impacts anticipated under each alternative 37 considered, broken down by resource area. Section 3 of this EA addresses these impacts in more 38 detail. 39

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Table ES-1. Summary of Anticipated Environmental Impacts by Alternative 1

Resource Area Alternative 1: Proposed Action Alternative 2: No Action Alternative

Land Use No new construction would occur; therefore, no effects on land use plans or policies would be expected.

The No Action Alternative would result in continuation of existing land uses. No effects on land use would be expected.

Geology and Soils Short- and long-term, minor, adverse effects on soils, primarily from the control of vegetation and use of herbicides would be expected. Erosion-and-sediment-control plans (ESCPs) and BMPs would be implemented to reduce the potential for adverse effects associated with erosion and sedimentation. No prime farmland soils exist within the action area, therefore, no impacts on prime farmland soils would occur.

Short- and long-term, minor, direct and indirect, adverse effects on soils would be expected under this alternative. CBP would continue current maintenance and repair activities and tactical infrastructure would be maintained on an as-needed basis.

Vegetation Short- and long-term, negligible to moderate, direct, adverse effects on terrestrial and aquatic vegetation would occur. BMPs would be used to avoid or minimize these effects. In-water maintenance and repair activities could result in direct and indirect impacts on aquatic plants and their habitat.

Short- and long-term, minor to moderate, direct, adverse effects on terrestrial and aquatic vegetation could occur from the No Action Alternative. In-water maintenance and repair activities could result in direct and indirect impacts on aquatic plants and their habitat.

Terrestrial and Aquatic Wildlife Resources

Short- and long-term, negligible to minor, direct and indirect, adverse effects on terrestrial and aquatic species could occur due to habitat degradation. These activities would result in temporary noise effects and displacement of terrestrial species. Near- and in-water maintenance activities could result in direct and indirect impacts on aquatic species and their habitat from increases in erosion, turbidity, and sedimentation.

Short- and long-term, minor to moderate, direct and indirect, adverse effects on terrestrial and aquatic species could occur from the No Action Alternative. Adverse effects on terrestrial species could occur due to habitat degradation associated with vegetation-control activities. Near- and in-water maintenance activities could result in direct and indirect impacts on aquatic species and their habitat from increases in erosion, turbidity, and sedimentation.

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Resource Area Alternative 1: Proposed Action Alternative 2: No Action Alternative

Threatened and Endangered Species

Short- and long-term, negligible to minor, direct and indirect, adverse effects on terrestrial and aquatic threatened and endangered species would be expected. Appropriate BMPs would be implemented and adverse effects from the maintenance activities would be avoided or minimized.

Short- and long-term, minor to moderate, direct and indirect, adverse effects on threatened and endangered species would be expected under this alternative. Tactical infrastructure would be maintained and repaired on an as-needed basis. There would be no centralized planning process for maintenance and repair. Therefore, maintenance and repair of tactical infrastructure would be performed only on resources in disrepair.

Hydrology and Groundwater

Short- to long-term, minor, adverse and beneficial impacts on groundwater and hydrology would be expected. Vegetation control within the road setback might cause short- to long-term, negligible to minor, adverse impacts on groundwater and hydrology by increasing erosion into wetlands, surface waters, and other groundwater recharge areas. Herbicides would result in long-term, minor, direct, adverse effects on groundwater if spills were to occur.

Short- and long-term, minor to moderate, direct and indirect, adverse impacts on hydrology and groundwater would be expected. Degrading infrastructure, particularly eroding roads, might lead to increased sediments, nutrients, and contaminants in wetlands, streams and other groundwater recharge areas, and blocked drainage structures could increase flood risk.

Surface Waters and Waters of the United States

Short- and long-term, negligible to minor, indirect, adverse impacts could occur on surface water resources from vegetation control and debris removal, and the grading of roadways, which could cause increased sedimentation into wetlands, arroyos, or other surface water or drainage features. BMPs would be implemented to minimize sedimentation.

Short- and long-term, minor to major, direct and indirect, adverse impacts on surface waters might occur. Degrading infrastructure, particularly eroding roads, could lead to increased sediments, nutrients, and contaminants in wetlands, streams, arroyos, and other water-related features, and blocked drainage structures could increase flood risk.

Floodplains Short-term, negligible to minor, indirect, adverse impacts could occur on floodplain areas from vegetation control and debris removal, which could cause increased sedimentation into floodplains and drainage structures. Short-term, minor, adverse impacts would result from the introduction of fill material during grading. Long-term, minor, beneficial impacts on floodplains could occur by minimizing erosion of road material into floodplain areas.

Short- and long-term, minor to moderate, direct and indirect, adverse impacts could occur on floodplains. Degrading infrastructure, particularly eroding roads, might lead to increased sediments and other fill materials in the floodplain, and blocked drainage structures impair flow, which could increase flood risk.

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Resource Area Alternative 1: Proposed Action Alternative 2: No Action Alternative

Air Quality Short-term, negligible to minor, adverse impacts on air quality would be anticipated. Air pollutant emissions would be generated as a result of grading, filling, compacting, trenching, and other maintenance and repair operations, but these emissions would be temporary and would not be expected to generate any offsite effects. No significant effects on regional or local air quality would occur, and a negligible contribution towards statewide greenhouse gas inventories would be anticipated.

No direct or indirect adverse impacts would be expected on local or regional air quality from implementation of the No Action Alternative. CBP would continue current maintenance and repair activities and tactical infrastructure would be maintained on an as-needed basis.

Noise Long-term, periodic, negligible to minor, adverse effects on the ambient noise environment would occur. Populations within 1,000 feet of the proposed maintenance and repair activities would have the potential to be exposed to a greater adverse effect than that described for the No Action Alternative.

Long-term, periodic, negligible to minor, adverse effects on the ambient noise environment would occur. CBP would continue current maintenance and repair activities and tactical infrastructure would be maintained on an as-needed basis.

Cultural Resources

There is the potential for long-term, minor, adverse effects on archaeological sites from the grading of roads that have not been previously graded. All other activities would have negligible to no potential to impact on cultural resources.

Negligible or no potential to impacts on cultural resources would be expected. There would be no Programmatic Agreement under the No Action Alternative. As a result, undertakings with the potential to cause effects on historic properties would follow the review and mitigation procedures set forth in Section 106 of the National Historic Preservation Act (NHPA). Unanticipated find procedures would be identical to those of the Proposed Action. Less ground-disturbing activities would take place and unanticipated finds would therefore be less likely.

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Resource Area Alternative 1: Proposed Action Alternative 2: No Action Alternative

Roadways and Traffic

Short-term, negligible to minor, adverse effects on transportation would be expected from short-term roadway closures and detours while work is underway. Long-term, minor to moderate, beneficial effects on transportation would allow for faster, safer, and more efficient responses by the USBP to threats.

Most roadway repairs would be reactive to immediate issues affecting these roadways and would not address the long-term maintenance requirements. As-needed repairs would not be considered sustainable in quality because they would result in gradual degradation of these roadways.

Hazardous Materials and Waste Management

Long-term, negligible to minor, adverse impacts due to hazardous substances, petroleum products, hazardous and petroleum wastes, and pesticides would be expected. Due to the nature and age of the tactical infrastructure, it is not anticipated to contain asbestos-containing materials (ACMs), lead-based paint (LBPs), polychlorinated biphenyls (PCBs), or solid waste, and therefore no impacts on these resources would be expected.

Long-term, negligible to minor, adverse impacts on solid waste management would be expected due to the deterioration of tactical infrastructure over time. No impacts due to hazardous substances, petroleum products, hazardous and petroleum wastes, pesticides, ACMs, LBPs, and PCBs would be expected. Due to the nature and age of the tactical infrastructure it is not anticipated to contain ACMs, LBPs, PCBs, or solid waste.

Socioeconomic Resources, Environmental Justice, and Protection of Children

Short-term, minor, beneficial effects would result from increases to payroll earnings and taxes and the purchase of materials required for maintenance and repair. Short- to long-term, indirect, beneficial impacts on the protection of children in the areas along the U.S./Mexico international border would occur.

Under the No Action Alternative, there would be no change from the baseline conditions; therefore, no impacts would be expected.

Sustainability and Greening

No effects. No effects.

Aesthetics and Visual Resources

No effects. No effects.

Climate Change No effects. No effects.

Human Health and Safety

No effects. No effects.

Utilities and Infrastructure

No effects. No effects.

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DRAFT ENVIRONMENTAL ASSESSMENT

ADDRESSING PROPOSED TACTICAL INFRASTRUCTURE MAINTENANCE AND REPAIR ALONG THE U.S./MEXICO INTERNATIONAL BORDER

TABLE OF CONTENTS

ACRONYMS AND ABBREVIATIONS ........................................... INSIDE FRONT COVER

EXECUTIVE SUMMARY .................................................................................................... ES-1

1.  INTRODUCTION............................................................................................................. 1-1 

1.1  USBP BACKGROUND ........................................................................................... 1-3 1.2  PURPOSE AND NEED ........................................................................................... 1-4 1.3  FRAMEWORK FOR ANALYSIS .......................................................................... 1-4 1.4  PUBLIC INVOLVEMENT ...................................................................................... 1-5 

2.  PROPOSED ACTION AND ALTERNATIVES ............................................................ 2-1 

2.1  INTRODUCTION .................................................................................................... 2-1 2.2  SCREENING CRITERIA TO DEVELOP THE ALTERNATIVES ....................... 2-1 2.3  ALTERNATIVE 1: PROPOSED ACTION ............................................................ 2-2 

2.3.1  Tactical Infrastructure Assets ..................................................................... 2-3 2.3.2  Location of Tactical Infrastructure to be Maintained and Repaired ........... 2-6 2.3.3  Maintenance and Repair Program ............................................................... 2-8 

2.4  ALTERNATIVE 2: NO ACTION ALTERNATIVE ............................................. 2-9 2.5  ALTERNATIVES CONSIDERED BUT ELIMINATED FROM FURTHER

DETAILED ANALYSIS ....................................................................................... 2-10 2.5.1  Upgrade All Existing Unpaved Roads to FC-2 All-Weather Roads......... 2-10 2.5.2  No Maintenance and Repair of Tactical Infrastructure ............................. 2-10 2.5.3  Maintenance and Repair Program Using Only Mandatory BMPs ............ 2-11 

2.6  IDENTIFICATION OF THE PREFERRED ALTERNATIVE ............................. 2-11 

3.  AFFECTED ENVIRONMENT AND CONSEQUENCES ........................................... 3-1 

3.1  PRELIMINARY IMPACT SCOPING .................................................................... 3-2 3.2  LAND USE .............................................................................................................. 3-3 

3.2.1  Definition of the Resource .......................................................................... 3-3 3.2.2  Affected Environment ................................................................................. 3-4 3.2.3  Environmental Consequences ..................................................................... 3-5 

3.3  GEOLOGY AND SOILS ......................................................................................... 3-6 3.3.1  Definition of the Resource .......................................................................... 3-6 3.3.2  Affected Environment ................................................................................. 3-6 3.3.3  Environmental Consequences ..................................................................... 3-8 

3.4  VEGETATION ...................................................................................................... 3-11 3.4.1  Definition of the Resource ........................................................................ 3-11 3.4.2  Affected Environment ............................................................................... 3-11 3.4.3  Environmental Consequences ................................................................... 3-17 

3.5  TERRESTRIAL AND AQUATIC WILDLIFE RESOURCES ............................. 3-19 

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TABLE OF CONTENTS (CONTINUED)

3.5.1  Definition of the Resource ........................................................................ 3-19 3.5.2  Affected Environment ............................................................................... 3-19 3.5.3  Environmental Consequences ................................................................... 3-22 

3.6  THREATENED AND ENDANGERED SPECIES ............................................... 3-25 3.6.1  Definition of the Resource ........................................................................ 3-25 3.6.2  Affected Environment ............................................................................... 3-25 3.6.3  Environmental Consequences ................................................................... 3-42 

3.7  HYDROLOGY AND GROUNDWATER ............................................................. 3-45 3.7.1  Definition of the Resource ........................................................................ 3-45 3.7.2  Affected Environment ............................................................................... 3-46 3.7.3  Environmental Consequences ................................................................... 3-47 

3.8  SURFACE WATERS AND WATERS OF THE UNITED STATES ................... 3-49 3.8.1  Definition of the Resource ........................................................................ 3-49 3.8.2  Affected Environment ............................................................................... 3-51 3.8.3  Environmental Consequences ................................................................... 3-55 

3.9  FLOODPLAINS ..................................................................................................... 3-56 3.9.1  Definition of the Resource ........................................................................ 3-56 3.9.2  Affected Environment ............................................................................... 3-57 3.9.3  Environmental Consequences ................................................................... 3-57 

3.10  AIR QUALITY ...................................................................................................... 3-59 3.10.1  Definition of the Resource ........................................................................ 3-59 3.10.2  Affected Environment ............................................................................... 3-62 3.10.3  Environmental Consequences ................................................................... 3-63 

3.11  NOISE .................................................................................................................... 3-67 3.11.1  Definition of the Resource ........................................................................ 3-67 3.11.2  Affected Environment ............................................................................... 3-70 3.11.3  Environmental Consequences ................................................................... 3-71 

3.12  CULTURAL RESOURCES ................................................................................... 3-72 3.12.1  Definition of the Resource ........................................................................ 3-72 3.12.2  Affected Environment ............................................................................... 3-73 3.12.3  Environmental Consequences ................................................................... 3-74 

3.13  ROADWAYS AND TRAFFIC .............................................................................. 3-75 3.13.1  Definition of the Resource ........................................................................ 3-75 3.13.2  Affected Environment ............................................................................... 3-76 3.13.3  Environmental Consequences ................................................................... 3-76 

3.14  HAZARDOUS MATERIALS AND WASTE MANAGEMENT ......................... 3-78 3.14.1  Definition of the Resource ........................................................................ 3-78 3.14.2  Affected Environment ............................................................................... 3-79 3.14.3  Environmental Consequences ................................................................... 3-82 

3.15  SOCIOECONOMIC RESOURCES, ENVIRONMENTAL JUSTICE, AND PROTECTION OF CHILDREN ............................................................................ 3-83 3.15.1  Definition of the Resource ........................................................................ 3-83 3.15.2  Affected Environment ............................................................................... 3-84 3.15.3  Environmental Consequences ................................................................... 3-90 

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4.  CUMULATIVE AND OTHER ADVERSE EFFECTS ................................................ 4-1 

4.1  CUMULATIVE IMPACTS OF THE CBP MAINTENANCE AND REPAIR PROGRAM .............................................................................................................. 4-1 

4.2  CUMULATIVE ANALYSIS BY RESOURCE AREA .......................................... 4-4 4.2.1  Alternative 1: Proposed Action ................................................................... 4-5 4.2.2  Land Use ..................................................................................................... 4-5 4.2.3  Geology and Soils ....................................................................................... 4-5 4.2.4  Vegetation ................................................................................................... 4-5 4.2.5  Terrestrial and Aquatic Wildlife Resources ................................................ 4-6 4.2.6  Threatened and Endangered Species .......................................................... 4-6 4.2.7  Hydrology and Groundwater ...................................................................... 4-7 4.2.8  Surface Waters and Waters of the United States ........................................ 4-7 4.2.9  Floodplains .................................................................................................. 4-8 4.2.10  Air Quality .................................................................................................. 4-8 4.2.11  Noise ........................................................................................................... 4-8 4.2.12  Cultural Resources ...................................................................................... 4-9 4.2.13  Roadways and Traffic ................................................................................. 4-9 4.2.14  Hazardous Materials and Waste Management ............................................ 4-9 4.2.15  Socioeconomic Resources, Environmental Justice, and Protection

of Children ................................................................................................ 4-10 4.2.16  Alternative 2: No Action Alternative ....................................................... 4-10 

5.  REFERENCES .................................................................................................................. 5-1 

6.  LIST OF PREPARERS .................................................................................................... 6-1 

APPENDICES

A. Applicable Laws and Executive Orders B. Public Involvement and Agency Coordination C. Tactical Infrastructure Classifications and Maintenance and Repair Standards D. Detailed Maps of the Tactical Infrastructure Maintenance and Repair Action Area E. Best Management Practices F. Soils Mapped within the Tactical Infrastructure Maintenance and Repair Action

Area G. Air Quality Emissions Calculations 

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FIGURES

1-1. Action Area for Proposed Tactical Infrastructure Maintenance and Repair Activities in Texas ............................................................................................................. 1-2 

3-1. Big Bend National Park Class I Area .............................................................................. 3-68 3-2. Unemployment Rates for Texas and the United States, 1993 – 2013 ............................. 3-87 

TABLES

ES-1. Summary of Anticipated Environmental Impacts by Alternative .........................................7 2-1. Summary of Alternatives Identified .................................................................................. 2-10 3-1. Federally Listed Species Known to Occur within the Action Area .................................. 3-26 3-2. Threatened and Endangered Plant Species Habitat and Blooming Season ....................... 3-27 3-3. National Ambient Air Quality Standards .......................................................................... 3-60 3-4. Air Quality Control Regions and Attainment Status by Sector ......................................... 3-62 3-5. Conformity de minimis Emissions Thresholds .................................................................. 3-64 3-6. Approximate Tactical Infrastructure Maintenance and Repair Area Proposed to be

Graded, by Sector in Texas ............................................................................................. 3-66 3-7. Sound Levels and Human Response ................................................................................. 3-69 3-8. Predicted Noise Levels for Maintenance and Repair Equipment ...................................... 3-70 3-9. Predicted Noise Levels from Maintenance and Repair Activities ..................................... 3-71 3-10. Population for Texas and the United States, 1990, 2000, and 2010 ................................ 3-84 3-11. Population for Border Counties in Texas, 1990, 2000, and 2010 ................................... 3-85 3-12. Employment Estimates by Industry in Texas and the United States by

Percentage, 2010 ............................................................................................................. 3-86 3-13. Racial and Ethnic Characteristics of the Populations in Texas and the United

States, 2010 ..................................................................................................................... 3-88 3-14. Racial and Ethnic Characteristics for Border Counties in Texas, 2010 .......................... 3-89 3-15. Percent of Individual and Families Below the Poverty Level and Median

Household Income for Border Counties in Texas ........................................................... 3-90 4-1. Descriptions of Other Recent Tactical Infrastructure Projects Included in the

Cumulative Effects Analysis ............................................................................................. 4-2 4-2. Summary of All Tactical Infrastructure Assets in Texas .................................................... 4-4 

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1. INTRODUCTION 1

The Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP), 2 propose to maintain and repair certain existing tactical infrastructure along the U.S./Mexico 3 international border in Texas. The tactical infrastructure proposed to be maintained and repaired 4 consists of fences and gates, roads and bridges/crossovers, drainage structures and grates, boat 5 ramps, lighting and ancillary power systems, communications and surveillance tower 6 components (including Remote Video Surveillance System [RVSS] or Secure Border Initiative 7 [SBInet] towers, henceforth referred to as towers). Although the majority of anticipated tactical 8 infrastructure can be found within the geographic areas show in Figure 1-1, the exact extent 9 could change over time to accommodate CBP needs. The existing tactical infrastructure in 10 Texas occurs in five U.S. Border Patrol (USBP) sectors: El Paso, Big Bend, Del Rio, Laredo, and 11 Rio Grande Valley. The Big Bend, Del Rio, Laredo, and Rio Grande Valley sectors are entirely 12 within Texas, while the majority of the El Paso Sector is in New Mexico. 13

The tactical infrastructure included in this analysis crosses multiple privately owned land parcels, 14 tribal lands, and public lands managed by the National Park Service (NPS) U.S. Fish and 15 Wildlife Service (USFWS), Texas Parks and Wildlife Department (TPWD), and U.S. 16 Department of Defense (DOD). The CBP Facilities Management and Engineering (FM&E) 17 Office is responsible for maintenance and repair of tactical infrastructure (e.g., fences and gates, 18 roads and bridges/crossovers, drainage structures and grates, boat ramps, lighting and ancillary 19 power systems, and tower components) to support CBP border security requirements. 20

This Environmental Assessment (EA) addresses the maintenance and repair of existing tactical 21 infrastructure. This EA also addresses maintenance and repair of any tactical infrastructure on 22 tribal lands in Texas. However, the maintenance and repair of tactical infrastructure assets that 23 are already covered in previous National Environmental Policy Act (NEPA) documents is not 24 included within the scope of this EA. In addition, tactical infrastructure assets that are covered 25 by a waiver issued by the Secretary of Homeland Security (the Secretary) are also excluded from 26 the scope of this EA. Tribal land associated with the Kickapoo Lucky Eagle Casino is present 27 within the region of influence (ROI). 28

The Secretary’s waiver authority is derived from Section 102 of the Illegal Immigration Reform 29 and Immigrant Responsibility Act (IIRIRA) of 1996, as amended. Under Section 102 of 30 IIRIRA, the U.S. Congress gave the Secretary the authority to waive such legal requirements as 31 the Secretary deems necessary to ensure the expeditious construction of tactical infrastructure. 32 Since 2005, the Secretary has issued five separate waivers: San Diego Border Infrastructure 33 System waiver (70 Federal Register [FR] 55622), the Barry M, Goldwater Range waiver (72 FR 34 2535), the San Pedro National Riparian Conservation Area (72 FR 60870) waiver, and the April 35 1, 2008, waivers for construction of Pedestrian fence (73 FR 19077) and Vehicular fence (73 FR 36 19078). Although the Secretary’s waivers meant that CBP no longer had any specific legal 37 obligation under the laws that were included in the waivers, both DHS and CBP remained 38 committed to responsible environmental stewardship. For example, CBP prepared 39 Environmental Stewardship Plans (ESPs) in lieu of NEPA documents for the tactical 40 infrastructure that was constructed under the April 2008 waivers. In preparing the ESPs, CBP 41 coordinated with various stakeholder groups, including state and local governments, Federal and 42 state land managers and resource agencies, and the interested public. 43

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The ESPs analyzed the potential environmental impacts associated with the construction and 1 maintenance of such tactical infrastructure and discussed mitigation measures that CBP would 2 implement. ESPs are available at the following location: 3

http://www.cbp.gov/about/environmental-cultural-stewardship/cbp-environmental-documents. 4

In furtherance of the Secretary’s commitment to environmental stewardship, CBP continues to 5 work in a collaborative manner with local government, state, and Federal land managers and the 6 interested public to identify environmentally sensitive resources and develop appropriate best 7 management practices (BMPs) to avoid or minimize adverse impacts resulting from tactical 8 infrastructure projects. This EA addresses the cumulative impacts of all CBP maintenance and 9 repair activities within the action area including the tactical infrastructure analyzed in previous 10 NEPA documents or ESPs. This comprehensive and integrated environmental impacts analysis 11 of all tactical infrastructure assets within the action area reflects CBP’s environmental 12 stewardship by better understanding the cumulative impacts and its commitments to minimize 13 the potential negative impacts. This EA discusses tactical infrastructure maintenance and repair 14 activities and their attributes that will enhance positive environmental benefits. 15

This EA is organized into six sections plus appendices. Section 1 provides background 16 information on USBP missions, identifies the purpose of and need for the Proposed Action, 17 describes the area in which the Proposed Action would occur, and explains the public 18 involvement process. Section 2 provides a detailed description of the Proposed Action, 19 alternatives considered, and the No Action Alternative. Section 3 describes existing 20 environmental conditions in the areas where the Proposed Action would occur, and identifies 21 potential environmental impacts that could occur within each resource area under the alternatives 22 evaluated in detail. Section 4 discusses potential cumulative impacts and other impacts that 23 might result from implementation of the Proposed Action, combined with foreseeable future 24 actions. Sections 5 and 6 provide lists of references and preparers for the EA. 25

1.1 USBP BACKGROUND 26

USBP has multiple, complementary missions (CBP 2010a), including the following: 27

Apprehend terrorists and terrorist weapons illegally entering the United States 28 Deter illegal entries through improved enforcement 29 Detect, apprehend, and deter smugglers of humans, drugs, and other contraband. 30

USBP has nine administrative sectors along the U.S./Mexico international border within the 31 states of California, Arizona, New Mexico, and Texas. The sectors are San Diego, El Centro, 32 Yuma, Tucson, El Paso, Big Bend, Del Rio, Laredo, and Rio Grande Valley. 33

This EA examines the maintenance and repair of tactical infrastructure along the U.S./Mexico 34 international border in Texas in the El Paso, Big Bend, Del Rio, Laredo, and Rio Grande Valley 35 sectors. 36

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1.2 PURPOSE AND NEED 1

The purpose of the Proposed Action is to ensure that the physical integrity of the existing tactical 2 infrastructure and associated supporting elements continue to perform as intended and assist the 3 USBP in securing the U.S./Mexico international border in Texas. In many areas, tactical 4 infrastructure is a critical element of border security, which acts as a force multiplier for 5 controlling and preventing illegal border intrusion. To achieve effective control of our nation’s 6 borders, CBP is developing the right combination of personnel, technology, and infrastructure; 7 mobilizing and rapidly deploying highly trained USBP agents; placing tactical infrastructure 8 strategically; and fostering partnerships with other law enforcement agencies. 9

The Proposed Action is needed to maintain the increased level of border security provided by the 10 existing tactical infrastructure that could otherwise become compromised through acts of 11 sabotage, acts of nature, or a concession in integrity due to a lack of maintenance and repair. 12 Tactical infrastructure would be maintained to ensure USBP agent safety by preventing potential 13 vehicular accidents resulting from minimizing and eliminating hazardous driving conditions. 14 CBP must ensure that tactical infrastructure functions as it is intended, which assists CBP with 15 mission requirements identified in Section 1.1. 16

1.3 FRAMEWORK FOR ANALYSIS 17

NEPA is a Federal statute requiring the identification and analysis of potential environmental 18 impacts of proposed Federal actions before those actions are taken. The Council on 19 Environmental Quality (CEQ) is the principal Federal agency responsible for the administration 20 of NEPA. CEQ regulations mandate that all Federal agencies use a systematic, interdisciplinary 21 approach to environmental planning and the evaluation of actions that might affect the 22 environment. This process evaluates potential environmental consequences associated with a 23 proposed action and considers alternative courses of action. The intent of NEPA is to protect, 24 restore, or enhance the environment through well-informed Federal decisions. 25

The process for implementing NEPA is codified in 40 Code of Federal Regulations (CFR) 26 1500–1508, Regulations for Implementing the Procedural Provisions of the National 27 Environmental Policy Act, and DHS Directive 023-01 Environmental Planning Program, and 28 CBP policies and procedures. The CEQ was established under NEPA to implement and oversee 29 Federal policy in this process. CEQ regulations specify that an EA may be prepared to: 30

Briefly provide evidence and analysis for determining whether to prepare an 31 Environmental Impact Statement (EIS) or a Finding of No Significant Impact (FONSI) 32

Aid in an agency’s compliance with NEPA when an EIS is unnecessary 33

Facilitate preparation of an EIS when one is necessary. 34

To comply with NEPA, the planning and decisionmaking process for actions proposed by 35 Federal agencies involves a study of other relevant environmental statutes and regulations. The 36 NEPA process, however, does not replace procedural or substantive requirements of other 37 environmental statutes and regulations. It addresses them collectively in the form of an EA or 38 EIS, which enables the decisionmaker to have a comprehensive view of major environmental 39 issues and requirements associated with the Proposed Action. According to CEQ regulations, 40

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the requirements of NEPA must be integrated “with other planning and environmental review 1 procedures required by law or by agency so that all such procedures run concurrently rather than 2 consecutively.” 3

Within the framework of environmental impact analysis under NEPA, additional authorities that 4 might be applicable include the Clean Air Act (CAA), Clean Water Act (CWA) (including a 5 National Pollutant Discharge Elimination System [NPDES] storm water discharge permit and 6 Section 404 permit), Section 10 of the Rivers and Harbors Act of 1899, Noise Control Act, 7 Endangered Species Act (ESA), Migratory Bird Treaty Act, National Historic Preservation Act 8 (NHPA), Archaeological Resources Protection Act, Resource Conservation and Recovery Act 9 (RCRA), Toxic Substances Control Act (TSCA), and various Executive Orders (EOs). A 10 summary of laws, regulations, and EOs that might be applicable to the Proposed Action is 11 presented in Appendix A. 12

1.4 PUBLIC INVOLVEMENT 13

Agency and public involvement in the NEPA process promotes open communication between 14 the public and the government and enhances the decisionmaking process. All persons or 15 organizations having a potential interest in the Proposed Action are encouraged to submit input 16 into the decisionmaking process. 17

NEPA and implementing regulations from the CEQ and DHS direct agencies to make their EAs 18 and EISs available to the public during the decisionmaking process and prior to actions being 19 taken. The premise of NEPA is that the quality of Federal decisions will be enhanced if 20 proponents provide information to the public and involve the public in the planning process. 21

Through the public involvement process, CBP notified relevant Federal, state, and local agencies 22 of the Proposed Action and requested input on environmental concerns they might have 23 regarding the Proposed Action. The public involvement process provides CBP with the 24 opportunity to cooperate with and consider state and local views in its decision regarding 25 implementing this Federal proposal. As part of the EA process, CBP has coordinated with 26 agencies such as the U.S. Environmental Protection Agency (USEPA) Region 6, USFWS 27 Southwest Region, Texas Commission on Environmental Quality (TCEQ), Texas Department of 28 Transportation, Texas Historical Commission, Texas Parks and Wildlife, appropriate Native 29 American Tribes and Nations, and local agencies. Agency responses will be incorporated into 30 the analysis of potential environmental impacts. The following is a list of Federal and state 31 agencies and stakeholder groups that will be coordinated with during the NEPA process. 32

Federal Agencies 33

o USEPA Region 6 34 o USFWS Southwest Region 35 o USACE Fort Worth District 36 o BLM New Mexico Office 37 o BLM Amarillo Field Office 38 o United States Section, International Boundary and Water Commission (USIBWC) 39

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State Agencies 1

o TCEQ 2 o Texas Department of Transportation 3 o Texas Historical Commission 4 o Texas Parks and Wildlife 5

Stakeholders 6

o Federally Recognized Native American Tribes and Nations. 7

A Notice of Availability (NOA) for this EA and draft FONSI will be published in representative 8 newspapers of regional distribution. This is done to solicit comments on the Proposed Action 9 and alternatives and involve the local community in the decisionmaking process. During the 10 45-day public review and comment period for the Draft EA, CBP will accept comment 11 submissions by fax, email, and mail from the public; Federal and state agencies; Federal, state, 12 and local elected officials; stakeholder organizations; and businesses. Substantive comments 13 from the public and other Federal, state, and local agencies will be incorporated into the Final 14 EA and included in Appendix B. The following is a list of newspapers that will be used for 15 publishing the NOA. 16

El Paso Times 17 El Diario de El Paso (Spanish) 18 Van Horn Advocate (English and Spanish) 19 Alpine Avalanche (English and Spanish) 20 Big Bend Sentinel 21 The International (Spanish) 22 Del Rio News Herald (English and Spanish) 23 Eagle Pass Business Journal 24 The News Gram (English and Spanish) 25 La Prensa (Spanish) 26 San Antonio Express News 27 Laredo Morning Times (English and Spanish) 28 Starr County Town Crier (English and Spanish) 29 The Monitor 30 Valley Morning Star 31 El Extra (Spanish) 32 Brownsville Herald 33 El Nuevo Heraldo (Spanish). 34

Hard copies of the Draft EA can be reviewed at the following libraries: El Paso Main Public 35 Library, 501 N. Oregon St., El Paso, TX 79901; Fort Hancock ISD/Public Library, 101 School 36 Dr., Fort Hancock, TX 79839; Marfa City Municipal Library, 115 E. Oak St., Marfa, TX 79843; 37 Alpine Public Library, 805 W. Avenue E, Alpine, TX 79830; City of Presidio Library, 1200 38 O'Rielly St., Presidio, TX 79845; Val Verde County Library, 300 Spring St., Del Rio, TX 78840; 39 Eagle Pass Public Library, 589 E. Main St., Eagle Pass, TX 78852; Laredo Public Library, 1120 40 E. Calton Rd., Laredo, TX 78041; Rio Grande City Public Library, 591 E. Canales St., Rio 41 Grande City, TX 78582; Speer Memorial Library, 801 E. 12th St., Mission, TX 78572; McAllen 42

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Public Library, 4001 N. 23rd St., McAllen, TX 78504; Weslaco Public Library, 525 S. Kansas 1 Ave., Weslaco, TX 78596; Mercedes Memorial Library, 434 S. Ohio Ave., Mercedes, TX 2 78570; Harlingen Public Library, 410 76 Dr., Harlingen, TX 78550; San Benito Public Library, 3 101 W. Rose St., San Benito, TX 78586; and Brownsville Public Library, 2600 Central Blvd., 4 Brownsville, TX 78520. Throughout the NEPA process, the public may obtain information 5 concerning the status and progress of the EA via the project Web site at 6 http://www.cbp.gov/about/environmental-cultural-stewardship/nepa-documents/docs-review. 7

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2. PROPOSED ACTION AND ALTERNATIVES 1

2.1 INTRODUCTION 2

This section describes the Proposed Action and the alternatives considered. As discussed in 3 Section 1.3, the NEPA process evaluates potential environmental consequences associated with 4 a proposed action and considers alternative courses of action. Reasonable alternatives must 5 satisfy the purpose of and need for a proposed action, which are defined in Section 1.2. CEQ 6 regulations specify the inclusion of a No Action Alternative against which potential effects can 7 be compared. 8

2.2 SCREENING CRITERIA TO DEVELOP THE ALTERNATIVES 9

Each alternative to the Proposed Action considered in the EA must be reasonable and meet 10 CBP’s purpose and need (as described in Section 1.2). Such alternatives must also meet 11 essential technical, engineering, and economic threshold requirements to ensure that each is 12 practical, environmentally sound, economically viable, and complies with governing standards 13 and regulations. CBP uses an optimal mix of tactical infrastructure development, application of 14 remote surveillance technologies, and deployment of USBP agents to achieve border security 15 objectives. The following screening criteria were used to develop the Proposed Action and 16 evaluate potential alternatives. 17

Protecting Persistent Impedance Requirements. Tactical infrastructure must support 18 CBP mission needs by its capability to hinder or delay individuals illegally crossing the 19 U.S./Mexico international border in Texas, either on foot or by vehicle. The continuous 20 maintenance and repair of the fences and gates, roads and bridges/crossovers, drainage 21 structures and grates, boat ramps, lighting and ancillary power systems, and 22 communications and surveillance tower components are imperative to the safe and rapid 23 response capabilities of USBP agents. 24

Maintain Remote Surveillance Capability. Proposed maintenance and repair activities 25 must ensure tower infrastructure sites are accessible on an as-needed basis and ensure 26 continued functionality of the supporting components, foundation footers/pads, perimeter 27 fencing, tower structures, and designated work/storage areas. 28

Minimize Potential Negative Environmental Impacts. Proposed maintenance and repair 29 activities should be evaluated for their potential environmental impacts and BMPs would 30 be planned or implemented in proportion to the risk in consultation with the appropriate 31 regulatory and resource agencies. Particular management focus should be devoted to 32 protecting the following sensitive environmental resources. 33

o Threatened or Endangered Species and Critical Habitat. The maintenance and 34 repair of tactical infrastructure should be conducted in such a manner as to have 35 negligible to minor impacts on threatened or endangered species and their critical 36 habitat. BMPs would be implemented so that a determination of No Effect, or at 37 most, a determination of May Affect, but Not Likely to Adversely Affect, would 38 be achieved. Any maintenance and repair activities that could not be mitigated to 39 a determination of May Affect, but Not Likely to Adversely Affect using BMPs 40

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would undergo separate Section 7 consultation. CBP has initiated consultation 1 with the USFWS and a Biological Assessment is being prepared for tactical 2 infrastructure maintenance and repair activities within the action area in the five 3 USBP sectors along the U.S./Mexico international border in Texas. 4

o Wetlands and Floodplains. The maintenance and repair of tactical infrastructure 5 should be conducted in such a manner as to have negligible impacts on waters of 6 the United States, including wetlands and floodplain resources to the maximum 7 extent practical. CBP is consulting with the USACE Fort Worth District to 8 minimize wetland and floodplain impacts and identify potential avoidance, 9 minimization, and conservation measures. 10

o Cultural and Historic Resources. The maintenance and repair of tactical 11 infrastructure should be conducted in such a manner as to have negligible impacts 12 on cultural and historic resources to the maximum extent practical. CBP is 13 consulting with the Texas Historical Commission to develop a Programmatic 14 Agreement (PA). Under the Proposed Action, undertakings with the potential to 15 cause effects on historic properties would be covered by a PA between CBP, the 16 Advisory Council on Historic Preservation (ACHP), the State Historic 17 Preservation Officers (SHPOs), Federal agencies, and tribes. If the undertaking is 18 not covered under the PA, CBP would be required to conduct the applicable 19 Section 106 review for those activities that are not covered. If the EA and FONSI 20 are issued prior to approval of the PA, CBP would be required to conduct the 21 standard Section 106 review process for these activities until they are covered by 22 an executed PA. Therefore, CBP is required to comply with Section 106 of the 23 NHPA, as amended, and its implementing regulations (36 CFR 800) before 24 conducting maintenance and repair activities. 25

Section 2.3 presents Alternative 1: Proposed Action, Section 2.4 presents Alternative 2: No 26 Action Alternative, and Section 2.5 discusses alternatives considered but eliminated from further 27 detailed analysis. 28

2.3 ALTERNATIVE 1: PROPOSED ACTION 29

Under the Proposed Action, the scope of the tactical infrastructure maintenance and repair 30 program would include reactive maintenance and repair activities (e.g., resolving damage from 31 intentional sabotage or severe weather events) and preventive/scheduled maintenance and repair 32 activities designed to ensure environmental sustainability (e.g., culvert replacement, drainage and 33 grate cleaning, preventive soil erosion measures). All maintenance and repair would occur via a 34 periodic work plan based on anticipated situations within each sector and funding availability. 35 Although centrally managed by FM&E, prioritization of projects based upon evolving local 36 requirements within each sector would determine maintenance and repair schedules. This 37 alternative would allow for changes in tactical infrastructure maintenance and repair 38 requirements. Maintenance and repair requirements could change over time based on changes in 39 usage or location, but would not exceed the scope of this EA. If the scope of this EA is 40 exceeded, new NEPA analysis would be required. Tactical infrastructure covered by the 41 Secretary’s waiver or prior NEPA analyses (e.g., staging areas) is not within the scope of the 42 Proposed Action. 43

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The USBP sectors along the U.S./Mexico international border in Texas have identified a need for 1 tactical infrastructure maintenance and repair to ensure their continued utility in securing the 2 border. The CBP FM&E Sector Coordinator would work closely with the sector for all 3 maintenance and repair activities. Proposed activities would be managed by the Project 4 Management Office’s (PMO) Maintenance and Repair Supervisor. CBP proposes to conduct the 5 following forms of tactical infrastructure maintenance and repair. Although a majority of 6 anticipated tactical infrastructure can be found within the geographic areas shown in Figure 1-1, 7 the exact extent could change over time to accommodate CBP needs. 8

2.3.1 Tactical Infrastructure Assets 9

CBP proposes to maintain and repair existing tactical infrastructure consisting of fences and 10 gates, roads and bridges/crossovers, drainage structures and grates, boat ramps, lighting and 11 ancillary power systems, and tower components not directly associated with the tactical 12 infrastructure covered by the Secretary’s waiver and prior NEPA documentation. Maintenance 13 and repair standards are presented in Appendix C. The following paragraphs describe the types 14 of tactical infrastructure CBP proposes to maintain and repair. 15

Fences and Gates. Maintenance and repair of fences and gates would consist of welding metal 16 fence components, replacing damaged or structurally compromised members, reinforcing or 17 bracing foundations, repairing burrowing activities under fences and gates, repairing 18 weather-related damages, controlling vegetation, and removing accumulated debris. The 19 Proposed Action would also include repairing or replacing gate-operating equipment (e.g., locks, 20 opening/closing devices, motors, and power supplies). There are approximately 135 miles of 21 fence and 120 gates on non-tribal lands within the action area in Texas. The fencing consists of 22 primary border fencing and a variety of perimeter security fencing to protect sensitive 23 infrastructure. Approximately5 percent of the total fences and gates installed by CBP within the 24 action is not covered by a Secretary’s waiver or previously analyzed and are, therefore, 25 considered in this EA. 26

Some earth moving could be necessary for fence and gate maintenance. To replace damaged or 27 structurally compromised portions of fences and gates, heavy equipment might be needed for 28 filling, compacting, and trenching. On-road haul trucks and cranes, or other such equipment 29 could be required to replace heavy fence and gate parts. All necessary erosion-control BMPs 30 (see Appendix E) would be adopted to ensure stabilization of the project areas. 31

Access Roads and Integrated Bridges/Crossovers. Maintenance and repair activities would 32 consist of filling in potholes, regrading road surfaces, implementing improved water drainage 33 measures (e.g., ensure road crowns shed water and runoff flows to established drainage ditches, 34 culverts, or other water-control features as needed to control runoff and prevent deterioration to 35 existing infrastructure or surrounding land), applying soil stabilization agents, controlling 36 vegetation and debris, and adding lost road surface material to reestablish intended surface 37 elevation needed for adequate drainage. 38

Maintenance of the existing roads would be in accordance with proven maintenance and repair 39 standards. All of the standards CBP would follow are developed based on comprehensive 40 engineering analysis, proven BMPs adopted by other Federal agencies, and mitigation measures 41

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derived from extensive consultation with both regulatory and resource agencies. These 1 maintenance and repair standards are described in Appendix C. Bridges would be inspected on 2 a routine basis and their structural integrity maintained. 3

Earth moving could be necessary for access road maintenance. Heavy equipment would be 4 needed for activities such as grading, filling, and compacting. The majority of proposed 5 maintenance and repair would occur on graded earth roads and two-track roads (see 6 Appendix C). Because of their lack of formal construction design, these two roadway types are 7 subject to the greatest deterioration if left unmaintained. When subjected to heavier traffic, 8 rutting occurs which, in turn, is exacerbated by runoff that further erodes roads. Unmanaged 9 storm water flow also causes erosion to occur, washing out complete sections of road and, in 10 many instances, makes roads impassable. 11

Commercial grading equipment would be used to restore an adequate surface to graded earth 12 roads. USBP sector personnel and contract support personnel well-versed in grading techniques 13 would be employed for such activity. A poorly regraded surface quite often results in rapid 14 deterioration of the surface. The restored road would be slightly crowned and absent of 15 windrows in the gutter line to avoid ponding and channeling within the road during rain events. 16 Any associated roadside drainage would be maintained to ensure that runoff is relieved from the 17 road surface quickly and effectively without creating further erosion issues. The addition of 18 material to these roads would be kept to the minimum needed to achieve the proposed objective. 19 All necessary erosion-control BMPs (see Appendix E) would be adopted to ensure stabilization 20 of the project areas. 21

CBP currently uses approximately 2,500 miles of road within the action area, which represents 22 an estimated 6 percent of all local roads within the area. Approximately 2,100 miles (5 percent) 23 of local roadways within 25 miles of the U.S./Mexico international border in Texas consequently 24 have not been subject to analysis after deducting the roads analyzed in previous NEPA 25 documents or covered by a Secretary’s waiver. The exact number of miles of roads maintained 26 and repaired by CBP within Texas could change over time to accommodate CBP needs. 27 Therefore, the number of miles of roads associated with the Proposed Action is considered 28 somewhat flexible and not constrained by a quantifiable number. Bridges would be inspected on 29 a routine basis and their structural integrity maintained. Future actions, such as major changes to 30 roadway networks and major upgrades to existing roadways, would require separate NEPA 31 analysis. 32

Drainage Management Structures. Maintenance and repair of drainage systems would consist 33 of cleaning blocked culverts and grates (e.g., cattle guards) of trash and general debris and 34 repairing or replacing nonfunctional or damaged drainage structures when necessary. Resizing 35 and replacing or repairing culverts or flow structures would occur, as necessary, to maintain 36 proper functionality; and riprap, gabions, and other erosion-control structures would be repaired, 37 resized or added to reduce erosion and improve water flow. In addition, maintenance and repair 38 of riprap and low-water crossings would occur when necessary to maintain proposed 39 functionality. Maintenance and repair requirements would consist of restoring or replacing 40 damaged or displaced riprap. All debris and trash removed from culverts and grates would be 41 taken to an appropriate disposal facility. During the planning process for such activities, 42

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appropriate coordination with the USACE would occur and appropriate permits would be 1 acquired if necessary. 2

Low-water crossings consist of riprap or concrete at waterway edges and articulated matting or 3 similar hardened material in the middle. The function of the riprap or concrete is to protect the 4 articulated matting or similar hardened material from being washed away and enhances the 5 stability and longevity of the materials. Maintenance and repair requirements would consist of 6 restoring damaged or displaced ripraps. Articulated matting (or similar hardened material) 7 would be restored, replaced, or strengthened to maintain its functionality. Built-up debris could 8 also be removed to create a sustainable, efficient low-water crossing. 9

Heavy equipment such as on-road haul trucks and cranes would be required for replacing 10 culverts, low-water crossings, and riprap for the maintenance and repair of drainage structures. 11 For in-water work, all necessary BMPs would be adopted to ensure stabilization of the project 12 areas. Most work would be conducted from existing roads and other disturbed areas; however, 13 heavy equipment might be needed adjacent to those roads to repair or replace drainage and 14 erosion-control structures. 15

The removal of any accumulated debris to create a sustainable, efficient low-water crossing 16 could also occur. There are an estimated 90 drainage management structures associated with the 17 tactical infrastructure to be maintained and repaired in Texas; Approximately 90 percent are 18 analyzed in this EA. 19

Vegetation Control to Maintain Road Visibility. Vegetation encroaching upon roads and 20 bridges would be maintained to ensure visibility and to sustain safe driving conditions for USBP 21 agents during travel. Control of vegetation would be achieved by trimming, mowing, and 22 applying selective herbicides. In areas deemed too difficult to mow, such as under guardrails, 23 within riprap, and immediately adjacent to bodies of water within the proposed setbacks, 24 herbicides would be used if appropriate. Appropriate BMPs would be followed for all herbicide 25 use (see Appendix E). Herbicides safe for aquatic use would be used within aquatic systems. 26 Application of terrestrial and aquatic herbicide would be made with products approved by the 27 USEPA and the relevant Federal land management agency, where appropriate. Certified USBP 28 sector or contract support personnel would use all herbicides in accordance with label 29 requirements. Herbicide use would be part of an integrated approach that uses minimal 30 quantities of herbicide. Equipment needed would include mowers, trimmers, and equipment 31 necessary for mechanical grubbing. BMPs would be used to stabilize the work areas and avoid 32 impacts on biological resources (see Appendix E). 33

CBP would conduct surveys for nesting migratory birds and nests if maintenance occurred 34 during the nesting season (March 15 through September 15). Vegetation control would not 35 occur in suitable or critical habitat of threatened or endangered species. If CBP determined that 36 vegetation control must be conducted within suitable habitat of threatened or endangered species, 37 USFWS would be further consulted.. 38

Boat Ramps. The maintenance and repair of boat ramps would include repairing and restoring 39 boat ramp surfaces, conducting vegetation control to maintain unencumbered access, and 40 implementation of erosion-control measures. 41

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Lighting and Ancillary Power Systems. The maintenance and repair of lighting and ancillary 1 power systems would consist of replacing burned-out light bulbs, restoring or replacing damaged 2 power lines or onsite power-generating systems (e.g., generators, fuel cells, wind turbine 3 generators, and photovoltaic arrays), repairing and replacing associated electrical components 4 and, where necessary, controlling vegetation and removing debris. Approximately 95 percent of 5 CBP’s approximately 750 lighting and ancillary power systems within the action area is analyzed 6 in this EA. 7

Communications and Surveillance Towers. Communications and surveillance towers and 8 components are mounted on combination of monopoles, water towers, radio towers, telephone 9 poles, and buildings. The physical structures of the tower components would be repaired and 10 maintained (e.g., painting or welding to maintain existing metal towers), as necessary. Heavy 11 equipment potentially needed to maintain lighting and ancillary power systems includes lifts, 12 track-hoes, backhoes, and flatbed trucks. Maintenance and repair of secondary power-generation 13 systems would consist of replacing burned-out light bulbs, restoring and replacing damaged 14 power lines, repairing and replacing associated electrical components, and, where necessary, 15 controlling vegetation and removing debris. Between 100 and 120 of the total towers used by 16 CBP in Texas are analyzed in this EA under the Proposed Action. 17

Each of the towers has a small footprint, and none exceeds 10,000 square feet. For all water 18 towers and radio towers, the total amount of disturbance would not exceed 28 acres. Roads to 19 the towers are included in the road mileage previously discussed. 20

Equipment Storage. The maintenance and repair of the existing tactical infrastructure as 21 previously described requires the use of various types of equipment and support vehicles. Such 22 equipment could include graders, backhoes, tractor mowers, dump trucks, flatbed trucks, and 23 pick-up trucks. When assigned to an activity, the equipment would be stored within the existing 24 footprint of the maintenance and repair location or at a staging area previously designated for 25 such purposes by CBP. All the staging areas and, in turn, the activities occurring therein, that 26 would be used by CBP as a part of the Proposed Action have either already been analyzed in 27 previous NEPA documents or are covered by the Secretary’s waiver. 28

2.3.2 Location of Tactical Infrastructure to be Maintained and Repaired 29

The existing tactical infrastructure found along the U.S./Mexico international border in Texas 30 cuts across multiple landownership categories including lands under CBP ownership, lands 31 managed by other Federal agencies, tribal lands, and private property. CBP would develop a 32 comprehensive protocol for coordinating the necessary maintenance and repair activities within 33 the different classes of landownership. 34

CBP-Owned Tactical Infrastructure. CBP would undertake necessary maintenance and repair 35 activities to ensure the continuity of the intended functionality of the tactical infrastructure and to 36 protect invested resources as responsible stewards of Federal resources entrusted to CBP. 37

Tactical Infrastructure Assets on Land Managed by Other Federal and State Agencies. These 38 tactical infrastructure assets are located on public lands managed by the NPS, USFWS, DOD and 39 TPWD. CBP would establish mutually agreed upon processes for performing maintenance and 40

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repair activities on tactical infrastructure on lands owned by these agencies. CBP is committed 1 to work through the appropriate permit-granting authority established within these agencies to 2 ensure that CBP proposed maintenance and repair activities would be accomplished in a manner 3 that is mutually beneficial to all agencies. As an example of this commitment, CBP actively 4 participates in the Borderland Management Task Force working committee to coordinate these 5 activities on a regular basis. 6

Tactical Infrastructure Assets on Tribal Land. As stated previously, the maintenance and 7 repair of tactical infrastructure assets on tribal lands is analyzed in this EA. For maintenance and 8 repair of tactical infrastructure assets on tribal land, CBP would formally seek consultations with 9 the representatives of federally recognized Native American tribes to undertake the necessary 10 maintenance and repair of tactical infrastructure assets on tribal land. CBP would seek the 11 appropriate resolutions and abide by the internal governing rules and regulations for obtaining 12 the necessary permits to perform the maintenance and repair. 13

Tactical Infrastructure Assets on Private Land. CBP would conduct maintenance and repair 14 activities on privately held properties in voluntary cooperation with owners. No maintenance 15 and repair would occur without a consent agreement in place between CBP and cooperating 16 landowners. 17

2.3.2.1 Tactical Infrastructure Mapped within the Action Area in Texas 18

The blue hatched area depicted on Figure 1-1 is the geographic area where CBP tactical 19 infrastructure is located (i.e., action area), and represents the limits of analysis for this EA. 20 Additional detailed maps of the tactical infrastructure addressed in this EA along the 21 U.S./Mexico international border in Texas are provided in Appendix D, which accompanies this 22 EA as a digital video disc (DVD). In addition to displaying existing tactical infrastructure, the 23 maps display ranges of threatened and endangered species within the action area. The maps 24 depict additional activities occurring within threatened and endangered species ranges that would 25 require use of species-specific BMPs, as formally agreed upon in consultation with the USFWS, 26 and that are discussed further in the Biological Assessment. 27

The maps delineate species ranges, designated critical habitat, extent of suitable habitat, and 28 documented sightings of the species in the area. Wilderness or other special-use designations 29 and land management agency practices are considered in maintenance and repair planning. 30 Coordination with land management agencies, Federal land managers, and the USFWS, if 31 necessary, would occur and appropriate BMPs would be implemented. The maps presented in 32 Appendix D are not intended to be used as an implementation tool for maintenance and repair 33 activities, but instead represent the ranges of potential threatened and endangered species as 34 related to the action area. 35

Depending on the number and nature of resources that could be impacted, a graduated series of 36 BMPs would be identified to reduce impacts to less than significant levels. The BMPs are 37 presented in Appendix E categorized by the affected resources. The combination of the 38 informative maps and the relevant BMPs would provide CBP with a visual framework for 39 applying appropriate maintenance and repair solutions in sensitive areas. 40

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2.3.3 Maintenance and Repair Program 1

The Proposed Action would consist of both preventative and reactive maintenance. The types of 2 maintenance employed as a part of the Proposed Action would vary by tactical infrastructure 3 asset. 4

As part of the Proposed Action, fences and gates would be inspected on a routine basis to ensure 5 gate mechanisms operate correctly and fence components are in good working condition. 6 Maintenance and repair of fences and gates would occur as required. As part of preventative 7 maintenance and repair of access roads, the inspection, maintenance, and repair activity would 8 occur approximately every 3 months and reactive maintenance and repair would occur upon 9 discovery of damage due to intentional sabotages or weather events. During maintenance and 10 repair of access roads, integrated bridges/crossovers would be inspected, maintained, and 11 repaired as required. Drainage management structures would be inspected regularly during the 12 rainy season and preventative maintenance and repair would occur to ensure operability. After 13 storm events, reactive maintenance and repair would occur to ensure the structures are clear of 14 debris and blockages. Preventative maintenance and repair of light systems would occur 15 approximately every 2 to 3 years and all lights would be replaced. Maintenance and repair of 16 towers would occur on an as-needed basis following regular inspections. Maintenance and repair 17 of ancillary power systems would occur according to manufacturer specifications. Maintenance 18 and repair (including vegetation control) would occur twice a year and would be scheduled to 19 avoid migratory bird nesting seasons, or surveys would be conducted to determine if bird nests 20 are present that must be avoided. 21

Under the Proposed Action, centralized maintenance and repair planning would be conducted by 22 FM&E. In addition, FM&E would have complete program management responsibility for 23 implementing maintenance and repair activities. For example, FM&E would formulate standard 24 design specifications, which would consider BMPs and the environmental conditions of the 25 tactical infrastructure to determine the priority and type of maintenance and repair needed. 26

As a part of FM&E’s centralized maintenance and repair planning, CBP interdisciplinary 27 maintenance and repair technical staff, including environmental staff, would participate in 28 reviewing and approving a maintenance and repair Work Plan. The process for developing the 29 maintenance and repair Work Plan would involve the following steps: 30

Step 1. USBP Sectors and Border Patrol Facilities and Tactical Infrastructure field 31 maintenance and repair representatives identify maintenance and repair needs. 32

Step 2. A team of CBP PMO interdisciplinary subject matter experts, including 33 environmental staff, would decide on the best technical approach for ensuring desired 34 specifications and standards and implementing applicable BMPs. 35

Step 3. A cost estimate for the proposed maintenance and repair Work Plan would be 36 prepared and submitted to the CBP chain-of-command for approval. Maintenance and 37 repair actions are prioritized in coordination with USBP Sector management. 38

Step 4. Coordination with appropriate landowners and regulatory agencies would occur 39 on an as-needed basis. Portions of this step might be accomplished informally before 40 Step 3. 41

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Step 5. Work Plan maintenance and repair activities would be performed by fully trained 1 and qualified personnel (both CBP in-house and contractor personnel) and their work 2 progress would be monitored by trained and experienced CBP personnel. 3

Step 6. CBP representatives would review the completed maintenance and repair work 4 and ensure it was completed to the prescribed specifications and standards and the 5 corresponding BMPs were followed. 6

Step 7. CBP and contractor personnel would provide suggestions for future Work Plans 7 based on the execution and outcomes of tactical infrastructure maintenance and repair 8 and would support the interdisciplinary technical team in developing improved 9 maintenance and repair solutions in the future. 10

Appropriate environmental training is a prerequisite for personnel actively engaged in tactical 11 infrastructure maintenance and repair. These personnel would receive ongoing environmental 12 training appropriate to their role in tactical infrastructure maintenance and repair. This approach 13 fully incorporates efforts to integrate CBP’s NEPA process with its Environmental Management 14 System in accordance with CEQ guidance (CEQ 2007). 15

2.4 ALTERNATIVE 2: NO ACTION ALTERNATIVE 16

The No Action Alternative would maintain the status quo. It is not a proposal to eliminate 17 maintenance and repair activities. Under the No Action Alternative, CBP would continue to 18 perform the required maintenance and repair of tactical infrastructure; however, maintenance and 19 repair would be conducted on an as-needed basis, using a largely reactive approach. There 20 would be no centralized planning process for maintenance and repair. Rather, individual USBP 21 sectors within Texas would request FM&E to conduct a particular maintenance and repair 22 activity and FM&E would be responsible for executing the request. In addition, there would be 23 no established design or performance specifications, which could mean that as-needed repairs are 24 required more often and evaluation of potential environmental impacts would occur on a case-25 by-case basis. 26

Under the No Action Alternative, there would be no systematic approach to preventative 27 maintenance. Thus, tactical infrastructure breakdowns that have already occurred or are 28 imminent would likely be given the highest priority for maintenance and repair. Examples 29 include the foundation of fencing eroding to the point of imminent failure, roads becoming 30 impassable due to severe rutting, or uncontrolled vegetation growth impeding stormwater 31 drainage flow. Preventative maintenance and repair would be limited to those situations where a 32 USBP sector identifies a potential trouble spot and makes a specific request for some type of 33 preventative maintenance and repair. 34

The No Action Alternative would continue to meet minimum CBP mission needs, but the lack of 35 a centralized planning effort, established performance specifications, and a preventative 36 maintenance plan would make it far more difficult for CBP to prevent the gradual degradation of 37 tactical infrastructure. In addition, it is possible that not all BMPs would be implemented during 38 emergency maintenance and repair scenarios. The lack of coordinated environmental staff 39 support and formalized planning under this alternative increases the potential for unintended 40 delays in complying with NEPA, the ESA, and other environmental requirements. The No 41

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Action Alternative serves as a baseline against which an evaluation of the impacts of the 1 Proposed Action can be made. Table 2-1 provides an overview of the alternatives analyzed in 2 the EA. 3

Table 2-1. Summary of Alternatives Identified 4

Management Approaches

Alternative 1: Proposed Action

Alternative 2: No Action Alternative

Maintenance and Repair Activities

Preventative and reactive maintenance and repair activities to minimize environmental impacts.

Reactive maintenance and repair when infrastructure breaks down.

Design and Performance Specifications

Establish design specifications and a subsequent maintenance and repair approach.

None.

Maintenance and Repair Organizational Approach

Central maintenance and repair planning and decentralized execution. In-house environmental staff expertise used to minimize potential environmental impacts. Coordinated environmental planning to make most efficient use of staff resources and minimize delays in critical maintenance and repair actions.

Ad hoc and decentralized planning and execution without coordinated environmental staff support resulting in inefficiencies complying with NEPA and other environmental requirements.

2.5 ALTERNATIVES CONSIDERED BUT ELIMINATED FROM FURTHER DETAILED 5

ANALYSIS 6

2.5.1 Upgrade All Existing Unpaved Roads to FC-2 All-Weather Roads 7

Under this alternative, all existing roads would be upgraded to the FC-2 (all-weather roads) 8 classification. Adopting this alternative would be cost-prohibitive and cause substantial 9 environmental impacts. This alternative would greatly enhance CBP’s capability to improve 10 border security, but for the aforementioned reasons, this alternative was eliminated from further 11 detailed study in the EA. 12

2.5.2 No Maintenance and Repair of Tactical Infrastructure 13

Under this alternative, tactical infrastructure would not be maintained or repaired. This 14 alternative would result in tactical infrastructure degrading to the point that the initial functional 15 intent would no longer exist. This alternative would lead to the deterioration of tactical 16 infrastructure over time, creating safety hazards, uncontrolled erosion, and other associated 17 environmental concerns, and the abandonment of foreign materials within an environmental 18 setting. In addition, because this alternative would result in the degradation and disrepair of 19 tactical infrastructure, it would not meet the purpose and need as stated in Section 1.2 or comply 20

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with USBP mission objectives. For these reasons, this alternative was eliminated from further 1 detailed analysis in the EA. 2

2.5.3 Maintenance and Repair Program Using Only Mandatory BMPs 3

Under this alternative, the scope of the tactical infrastructure maintenance and repair program 4 would be same as the Proposed Action, but only mandatory BMPs would be implemented in the 5 planning and execution of maintenance and repair (i.e., BMPs developed by CBP to promote 6 environmental stewardship would not be used [see Appendix E]). Work Plans for scheduled 7 and reactive maintenance and repair would be formulated by analyzing the lowest cost and the 8 minimum acceptable design standards and specifications. FM&E would still have program 9 management responsibility for implementing maintenance and repair to design specifications; 10 however, only mandatory BMPs would be factored into the maintenance and repair Work Plan or 11 the life-cycle costs of maintaining and repairing tactical infrastructure. In addition, 12 environmental planning would be limited to compliance with applicable minimum requirements. 13 This alternative would not meet CBP’s commitment to environmental stewardship and would not 14 minimize potential negative environmental effects; therefore, this alternative was eliminated 15 from further detailed analysis in the EA. 16

2.6 IDENTIFICATION OF THE PREFERRED ALTERNATIVE 17

CBP has identified its Preferred Alternative as Alternative 1. Implementation of Alternative 1 18 would best meet CBP’s purpose and need as described in Section 1.2. Alternative 1 is also 19 preferred because it would be in line with the current tactical infrastructure maintenance and 20 repair methodology covered by the Secretary’s waiver and other NEPA documents. 21

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3. AFFECTED ENVIRONMENT AND CONSEQUENCES 1

This section provides a characterization of the affected environment and an analysis of the 2 potential direct and indirect effects each alternative would have on the affected environment. 3 Each alternative was evaluated for its potential to affect physical, biological, and socioeconomic 4 resources. Cumulative and other effects are discussed in Section 4. All potentially relevant 5 resource areas were initially considered in this EA. General descriptions of the eliminated 6 resources and the basis for elimination are described in Section 3.1. 7

The following discussion elaborates on the nature of the characteristics that might relate to 8 impacts on resources. 9

Short-term or long-term. These characteristics are determined on a case-by-case basis 10 and do not refer to any rigid time period. In general, short-term effects are those that 11 would occur only with respect to a particular activity or for a finite period or only during 12 the time required for maintenance and repair activities. Long-term effects are those that 13 are more likely to be persistent and chronic. 14

Direct or indirect. A direct effect is caused by and occurs contemporaneously at or near 15 the location of the action. An indirect effect is caused by a proposed action and might 16 occur later in time or be farther removed in distance but still be a reasonably foreseeable 17 outcome of the action. For example, a direct effect of erosion on a stream might include 18 sediment-laden waters in the vicinity of the action, whereas an indirect effect of the same 19 erosion might lead to lack of spawning and result in lowered reproduction rates of 20 indigenous fish downstream. 21

Negligible, minor, moderate, or major. These relative terms are used to characterize the 22 magnitude or intensity of an impact. Negligible effects are generally those that might be 23 perceptible but are at the lower level of detection. A minor effect is slight, but detectable. 24 A moderate effect is readily apparent. A major effect is one that is severely adverse or 25 exceptionally beneficial. 26

Adverse or beneficial. An adverse effect is one having unfavorable, or undesirable 27 outcomes on the man-made or natural environment. A beneficial effect is one having 28 positive outcomes on the man-made or natural environment. A single act might result in 29 adverse effects on one environmental resource and beneficial effects on another resource. 30

Significance. Significant effects are those that, in their context and due to their intensity 31 (severity), meet the thresholds for significance set forth in CEQ regulations (40 CFR Part 32 1508.27). 33

Context. The context of an effect can be localized or more widespread (e.g., regional). 34

Intensity. The intensity of an effect is determined through consideration of several 35 factors, including whether an alternative might have an adverse impact on the unique 36 characteristics of an area (e.g., historical resources, ecologically critical areas), public 37 health or safety, or endangered or threatened species or designated critical habitat. 38 Effects are also considered in terms of their potential for violation of Federal, state, or 39 local environmental law; their controversial nature; the degree of uncertainty or unknown 40

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effects, or unique or unknown risks; if there are precedent-setting effects; and their 1 cumulative effects (see Section 4). 2

3.1 PRELIMINARY IMPACT SCOPING 3

In accordance with NEPA, CEQ regulations, and DHS Directive 023-01, the following 4 evaluation of environmental effects focuses on those resources and conditions potentially subject 5 to effects and potentially significant environmental issues deserving of study, and deemphasizes 6 insignificant issues. Some environmental resources and issues that are often analyzed in an EA 7 have been omitted from detailed analysis. The following provides the basis for such exclusions. 8

Aesthetics and Visual Resources 9

The Proposed Action would not have a significant effect on aesthetics or visual resources, as 10 existing infrastructure would be maintained or repaired and no additional infrastructure would be 11 installed. Therefore, the appearance of tactical infrastructure would not change and no major 12 effect on aesthetic and visual resources would be anticipated. 13

Human Health and Safety 14

Maintenance and repair site safety is largely a matter of adherence to regulatory requirements 15 imposed for the benefit of employees and implementation of operational practices that reduce 16 risks of illness, injury, death, and property damage. Occupational Safety and Health 17 Administration (OSHA) and the USEPA issue standards that specify the amount and type of 18 training required for industrial workers, the use of protective equipment and clothing, 19 engineering controls, and maximum exposure limits with respect to workplace stressors. 20

Personnel are exposed to safety risks from the inherent dangers at any maintenance and repair 21 site. Contractors would be required to establish and maintain safety programs at the maintenance 22 and repair site. The proposed maintenance and repair would not expose members of the general 23 public to increased safety risks. Therefore, because the Proposed Action would not introduce 24 new or unusual safety risks, and assuming appropriate protocols are followed and implemented, 25 detailed examination of safety is not included in this EA. 26

Additionally, due to the remote location of the tactical infrastructure, the likelihood that the 27 Proposed Action would impact the health and safety of humans other than USBP agents and 28 contractors or USBP personnel performing the road improvements is extremely low. However, 29 minor, beneficial impacts on safety could occur from use of improved roads. 30

All occupational safety standards and BMPs, as outlined in Appendix E of this document, would 31 be implemented. 32

Sustainability and Greening 33

NEPA identifies the need to “encourage [the] productive and enjoyable harmony between man 34 and his environment” as a primary purpose (42 United States Code [U.S.C.] Section 4321). The 35 traditional definition of sustainability calls for policies and strategies that meet society’s present 36 needs without compromising the ability of future generations to meet their own needs. 37

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A number of policies, statutes, EOs, and supplemental agency policies and guidance exist to 1 shape the Federal government’s policies on sustainability. EO 13423 (January 24, 2007), 2 Strengthening Federal Environmental, Energy, and Transportation Management, promotes 3 environmental practices, including acquisition of bio-based, environmentally preferable, 4 energy-efficient, water-efficient, and recycled-content products; and maintenance of 5 cost-effective waste prevention and recycling programs at Federal facilities. EO 13514 6 (October 5, 2009), Federal Leadership in Environmental, Energy, and Economic Performance, 7 sets sustainability goals for Federal agencies and focuses on making improvements in agency 8 environmental, energy, and economic performance. EO 13514 does not rescind or eliminate the 9 requirements of EO 13423. Instead, it expands on the energy reduction and environmental 10 performance requirements for Federal agencies identified in EO 13423 (FedCenter 2010). In 11 addition to these EOs, DHS Directive 025-01, Sustainable Practices for Environmental, Energy 12 and Transportation Management, establishes a policy to develop and implement sustainable 13 practices and programs to help ensure that operations and actions are carried out in an 14 environmentally, economically, and fiscally sound manner. 15

Implementation of the Proposed Action for the maintenance and repair of tactical infrastructure 16 would use negligible amounts of resources. The adaptive management process would further the 17 use of CBP’s Environmental Management System in accordance with EO 13423, EO 13514, and 18 DHS Directive 025-01. Therefore, beneficial effects on sustainability and greening would be 19 expected. 20

Utilities and Infrastructure 21

The proposed maintenance and repair of tactical infrastructure along the U.S./Mexico 22 international border in Texas would occur in remote areas distanced from utilities. USBP and its 23 contractors would not use existing utilities and infrastructure to complete maintenance and repair 24 activities. Due to the remote location of the action area, impacts on utilities and infrastructure 25 would not be expected. Therefore, analysis of this resource area has been omitted from further 26 detailed analysis. 27

3.2 LAND USE 28

3.2.1 Definition of the Resource 29

The term “land use” refers to real property classifications that indicate either natural conditions 30 or the types of human activity occurring on a parcel of land. In many cases, land use 31 descriptions are codified in local zoning laws. However, there is no nationally recognized 32 convention or uniform terminology for describing land use categories. As a result, the meaning 33 of various land use descriptions, “labels,” and definitions varies among jurisdictions. For 34 example, natural conditions of property can be described or categorized as unimproved, 35 undeveloped, a conservation or preservation area, and a natural or scenic area. There is a wide 36 variety of land use categories resulting from human activity. Descriptive terms often used 37 include residential, commercial, industrial, agricultural, institutional, and recreational. 38

Two main objectives of land use planning are to ensure orderly growth and compatible uses 39 among adjacent property parcels or areas. Compatibility among land uses fosters the societal 40

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interest of obtaining the highest and best uses of real property. Tools supporting land use 1 planning include written master plans/management plans and zoning regulations. In appropriate 2 cases, the location and extent of an action needs to be evaluated for its potential effects on the 3 project area and adjacent land uses. The foremost factor affecting an action in terms of land use 4 is its compliance with any applicable land use or zoning regulations. Other relevant factors 5 include matters such as existing land use in the project area, the types of land uses on adjacent 6 properties and their proximity to an action, the duration of an action, and its permanence. 7

3.2.2 Affected Environment 8

Land use classifications along the U.S./Mexico international border in Texas include agriculture, 9 rangeland, and urban, with extensive areas of recreation and wildlife management activities. 10 Developed land, which makes up approximately 3 percent of the Texas action area, is highly 11 modified and characterized by permanent or semi-permanent structures, pavement, or 12 unvegetated areas. This land occurs throughout the action area with the highest concentrations 13 occurring in the urban areas of El Paso, Del Rio, Eagle Pass, and Laredo; and the metropolitan 14 region of the Rio Grande Valley that includes McAllen and Brownsville. 15

Specific land uses within the agriculture classification include highly developed croplands 16 (e.g., small grains, forage crops, hay production), pasture, and orchards. The land can be 17 irrigated or non-irrigated (USACE 1994a). 18

Land uses within the rangeland classification include the grazing of cattle, horses, sheep, goats, 19 and other domestic animals. This is based on the presence of naturally occurring grasses, grass-20 like plants and forbs, or shrubs suitable for grazing and browsing. This classification would 21 include the following types of ecosystems: natural grasslands, savannas, wetlands, and other 22 areas with the potential to support certain forb and shrub communities under prudent and 23 normally accepted land management practices. 24

The urban land use classification includes residential, industrial, transportation, commercial, 25 educational, medical, recreational, open space for environmental protection (i.e., floodways, 26 utility easements, and rights-of-way), and underdeveloped land (USEPA 2001a). 27

There are also numerous recreational/special land use areas. Most of these special land use areas 28 are outside of highly urbanized centers. These land uses have been established for various 29 recreational activities but also for flood control; and scenic, historic, and wildlife management 30 uses as described in the following paragraphs. 31

Wildlife Management Areas. Wildlife Management Areas (WMAs) in the project area are 32 operated by the Wildlife Division of the TPWD. The TPWD has 51 WMAs, encompassing 33 756,464 acres of land throughout the state. WMAs are established to represent habitats and 34 wildlife populations typical of each ecological region of Texas; permit research on wildlife 35 populations and habitat; conduct education on resource management; and provide opportunities 36 for hunting, hiking, camping, bird watching, and a host of other outdoor recreational 37 opportunities, all of which are compatible with the conservation of this valuable resource. The 38 Las Palomas WMA Lower Rio Grande Valley Units, Black Gap WMA, and Elephant Mountain 39 WMA are within the action area (TPWD 2010, TPWD 2005). 40

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National Wildlife Refuges. Part of the Lower Rio Grande Valley National Wildlife Refuge 1 (NWR) is in the action area. The Lower Rio Grande Valley NWR is composed of 100 tracts 2 connecting natural brush lands that remain along the lower stretches of the Rio Grande and 3 contains more than 90,000 acres. The Lower Rio Grande Valley NWR system is still in the 4 acquisition phase and the purchasing of properties and conservation easements could eventually 5 lead to the Lower Rio Grande Valley NWR encompassing 132,500 acres. The tracts 6 complement existing wildlife corridors (TPWD 2005, USFWS 1997). 7

The Santa Ana NWR in southern Hidalgo County is also within the action area. The 2,088-acre 8 refuge is positioned along an east-west and north-south juncture of two major migratory routes 9 for birds and serves as the northernmost range for various Central and South American species 10 (USFWS 2014a). 11

National Parks and National Recreation Areas. NPS land occurs within the action area. Big 12 Bend National Park is a major recreational area in southern Brewster County. At approximately 13 800,000 acres, Big Bend National Park features more species of birds, bats, and cacti than any 14 other national park in the United States. Amistad National Recreational Area is an 15 approximately 57,300-acre park in southern Val Verde County and acts as a transition zone 16 between three major plant communities: the Tamaulipan shrubland, Chihuahuan Desert, and the 17 Edwards Plateau. Chamizal National Memorial is also within the action area and memorializes 18 the Chamizal Treaty of 1963 peacefully settling a boundary dispute between the United States 19 and Mexico (NPS 2014). 20

3.2.3 Environmental Consequences 21

An analysis of the effects of a proposed action on land use addresses the potential for impacts to 22 occur on areas affected. Land use can remain compatible, become compatible, or become 23 incompatible. Projected compatibility issues were measured both qualitatively and 24 quantitatively. The level of potential land use effects is based on the degree of land use 25 sensitivity in areas affected by a proposed action and compatibility of proposed actions with 26 existing conditions. In general, a land use effect would be significant if it met any of the 27 following criteria: 28

Was inconsistent or in noncompliance with existing land use plans or policies 29

Precluded the viability of existing land use 30

Precluded continued use or occupation of an area 31

Was incompatible with adjacent land use to the extent that public health or safety is 32 threatened 33

Conflicted with planning criteria established to ensure the safety and protection of human 34 life and property. 35

3.2.3.1 Alternative 1: Proposed Action 36

No new construction or change in land use would occur under the Proposed Action; therefore, no 37 effects on land use plans or policies would be expected. The Proposed Action would result in the 38

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continuation of the existing land uses as only maintenance and repair of tactical infrastructure 1 would occur within the action area. This alternative would be compatible with the existing land 2 uses in the action area and, therefore, would not result in any changes in land use. 3

3.2.3.2 Alternative 2: No Action Alternative 4

Under the No Action Alternative, tactical infrastructure maintenance and repair activities along 5 the U.S./Mexico international border in Texas would continue and current tactical infrastructure 6 would be maintained on an as-needed basis. The No Action Alternative would result in 7 continuation of existing land uses. No effects on land use would be expected as a result of the 8 No Action Alternative. 9

3.3 GEOLOGY AND SOILS 10

3.3.1 Definition of the Resource 11

Geological resources consist of the Earth’s surface and subsurface materials. Within a given 12 physiographic province, these resources typically are described in terms of topography and 13 physiography, geology, soils and, where applicable, geologic hazards and paleontology. 14 Topography and physiography pertain to the general shape and arrangement of a land surface, 15 including its height and the position of its natural and human-made features. Geology is the 16 study of the Earth’s composition and provides information on the structure and configuration of 17 surface and subsurface features. Such information derives from field analysis based on 18 observations of the surface and borings to identify subsurface composition. 19

Soils are the unconsolidated materials overlying bedrock or other parent material. Soils typically 20 are described in terms of their complex type, slope, and physical characteristics. Differences 21 among soil types in terms of their structure, elasticity, strength, shrink-swell potential, and 22 erosion potential affect their abilities to support certain applications or uses. In appropriate 23 cases, soil properties must be examined for their compatibility with particular construction 24 activities or types of land use. 25

Prime farmland is protected under the Farmland Protection Policy Act (FPPA) of 1981. Prime 26 farmland is defined as land that has the best combination of physical and chemical characteristics 27 for producing food, feed, forage, fiber, and oilseed crops, and is also available for these uses (i.e., 28 the land could be cropland, pastureland, rangeland, forest land, or other land, but not urban built-29 up land or water). The intent of the FPPA is to minimize the extent that Federal programs 30 contribute to the unnecessary conversion of farmland to nonagricultural uses. The Natural 31 Resources Conservation Service (NRCS) is responsible for overseeing compliance with the 32 FPPA and has developed the rules and regulations for implementation of the Act (see 7 CFR Part 33 658, 5 July 1984). 34

3.3.2 Affected Environment 35

Regional Geology. The U.S./Mexico international border in Texas is within the following 36 physiographic provinces (from west to east): Basin and Range, Edwards Plateau, and Gulf 37 Coastal Plains. The action area traverses two subprovinces of the Edwards Plateau (Stockton 38

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Plateau and Pecos Canyons) and three subprovinces of the Gulf Coastal Plains (Blackland 1 Prairies, Interior Coastal Plains, and the Coastal Prairies). 2

The Basin and Range province occurs in far west Texas and is characterized by intensely 3 deformed and intruded strata within elevated and depressed land. The mountains within this 4 province are generally flanked by plateaus in which the rocks are nearly horizontal and less 5 deformed. The interior of these mountain ranges is composed of strongly folded and faulted 6 sedimentary and volcanic or granite rocks. Many of the mountain peaks within this province are 7 formed by volcanic rocks and have slopes flanked by large flows of volcanic ash and thick 8 deposits of volcanic debris. Eroded craters, which are formed as a result of the collapse and 9 subsidence of volcanic cores, are abundant within the Basin and Range province of Texas 10 (University of Texas 1996). 11

The Edwards Plateau primarily occurs in central Texas and extends westward to include the 12 border region of the Pecos River. This province includes the hill country and a broad plateau 13 with entrenched streams, box canyons, and springs. The Edwards Plateau is capped by hard 14 Cretaceous limestone that is susceptible to sinkholes and cavern formations. The Stockton 15 Plateau is a mesa-like land formation in the far western extent of the Edwards Plateau province. 16 The Pecos Canyons divide the Edwards and Stockton plateaus and are formed by the Pecos River 17 and its contributing streams that form blind canyons with nearly vertical walls (University of 18 Texas 1996). 19

The Gulf Coastal Plain includes three subprovinces from west to east along the border region: 20 the Blackland Prairies, the Interior Coastal Plains, and the Coastal Prairies. The Blackland 21 Prairies have a gently undulating surface with deep, black, fertile clay soils. These soils 22 transition to thin red and tan sandy and clay soils in the Interior Coastal Plains subprovince, near 23 Eagle Pass. This sandy region composes the vast majority of the Gulf Coastal Plain within the 24 action area. The Coastal Prairies of the Gulf Coastal Plains occur within Hidalgo and Cameron 25 counties and continue to the coastline of the Gulf of Mexico. This subprovince consists of young 26 deltaic sands, silts, and clays that erode to nearly flat grasslands. Broad sand sheets with low 27 dunes and blowouts dominate the landscape around Brownsville (University of Texas 1996). 28 Rivers in this area are mature with broad low relief valleys. Remnant sand dunes from previous 29 shorelines, now superseded by progressively younger shorelines, locally form small rounded 30 hills (USACE 1994c). 31

Topography. The Basin and Range province within the action area varies in elevation from 32 1,700 to 8,750 feet above mean sea level (msl), with north-south-trending mountains and basins. 33 The Edwards Plateau ranges from 1,200 to 4,200 feet above msl in the west, with mesas and 34 steep-walled canyons; the Pecos River erodes the Pecos Canyon as deep as 1,000 feet. The Gulf 35 Coast Plains province ranges from 1,000 feet above msl in the west, where rolling terrain is 36 present, to 0 feet above msl at the coast (University of Texas 1996). 37

Soils. Twenty-four soil associations are mapped within the tactical infrastructure and 38 maintenance action area (see Appendix F). The soils are level to undulating and are 39 characterized as having a clayey to loamy texture. An area mapped as sandy soils occurs from 40 Baffin Bay to Brownsville and on Padre Island. The majority of the soil associations mapped 41

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have a high clay content and, consequently, exhibit a slight to moderate susceptibility to erosion 1 and a low to high potential to shrink-swell (USACE 1994b). 2

Soils along the eastern portion of the action area are primarily well-drained, and composed of 3 gravelly to fine sandy loams. However, there are areas of clays and silts (e.g., Tigua-Harkey-4 Glendale-Gila) and rock land. Poorly drained clayey and loamy soils and deep sandy soils (e.g., 5 Lomalta-Galveston-Sejita) are mapped within the coastal area from Brownsville to Baffin Bay. 6 Loamy soils and cracking clayey soils of the Rio Grande plain (e.g., Rio Grande-Camargo-7 Matamoros soils) are mapped along the Rio Grande from Brownsville to the Falcon Reservoir, 8 while the Harlingen-Laredo-Lagloria soil association forms the Rio Grande terraces in Cameron 9 and parts of Hidalgo counties. The remainder of the Rio Grande terraces consists of the loamy 10 McAllen-Brennan soils in the eastern part of Hidalgo County. Cracking and crumbling loamy 11 clayey soils (e.g., Catarina-Montell-Jimenez) are shallow to moderately deep over indurated 12 caliche from Falcon Reservoir to south of Eagle Pass. These soils dominate much of the area. 13 From Eagle Pass to Del Rio, the same type of soil exists but is represented by the Uvalde-14 Montell-Zapata association (USACE 1994c). 15

The interior of the action area consists of loamy soils of the Hidalgo-Willacy-Delfina association 16 and the McAllen-Brennen association in Hidalgo County. The remainder of the interior portion 17 of the action area is intermixed with defined areas of deep soils with loamy surface layers 18 (USACE 1994c). 19

Prime Farmland. Of the 24 soils, 2 are considered prime farmland (Rio Grande-Camargo-20 Matamoros and Hidalgo-Willacy-Delfina) and 2 are considered prime farmland if irrigated 21 (Harlingen-Laredo-Lagloria and McAllen-Hidalgo-Brennan) (NRCS 2011a). 22

Geologic Hazards. The 2008 Texas Seismic Hazard Map shows that the seismic hazard for the 23 Texas portion of the U.S./Mexico international border ranges from 0 to 2 percent of the force of 24 gravity (percent g) along the Gulf of Mexico coast to up to 30 percent g along the western 25 boundary with Mexico, south of El Paso. This indicates that, during a seismic event, little 26 damage would occur towards the coast, but major damage could occur south of El Paso (USEPA 27 2011c). 28

Approximately 10 faults have been identified within 30 miles of the Texas portion of the 29 U.S./Mexico international border. Each of the faults has an estimated slip rate of less than 30 0.2 millimeters per year (mm/year), with the last major ruptures ranging from less than 31 130,000 years to less than 1.6 million years ago (USGS 2009). Therefore, movement along 32 faults within the action area is unlikely to occur. 33

3.3.3 Environmental Consequences 34

Protection of unique geological features, minimization of soil erosion, and the siting of facilities 35 in relation to potential geologic hazards are considered when evaluating potential effects of a 36 proposed action on geological resources. Generally, adverse effects can be avoided or 37 minimized if proper construction techniques, erosion-control measures, and structural 38 engineering design are incorporated into project development. 39

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Effects on geology and soils would be significant if they would alter the lithology (i.e., the 1 character of a rock formation), stratigraphy (i.e., the layering of sedimentary rocks), and 2 geological structures that control groundwater quality, distribution of aquifers and confining 3 beds, and groundwater availability; or change the soil composition, structure, or function within 4 the environment. 5

3.3.3.1 Alternative 1: Proposed Action 6

Regional Geology. No impacts on geology would be anticipated from implementing the 7 Proposed Action. 8

Topography. Long-term, negligible, adverse impacts on topography would be anticipated from 9 grading activities that would locally alter existing topography. Areas proposed for grading have 10 been previously graded and, therefore, impacts would be negligible. 11

Soils. Tactical infrastructure maintenance and repair activities along the U.S./Mexico 12 international border in Texas would be expected to result in short- and long-term, minor, adverse 13 effects on soils, primarily from the control of vegetation and use of herbicides. Control of 14 vegetation would increase erosion and sedimentation potential. Erosion-and-sediment-control 15 plans (ESCPs) would be developed and implemented both during and following maintenance and 16 repair activities to contain soil and runoff on site, and reduce potential for adverse effects 17 associated with erosion and sedimentation and transport of sediments in runoff. 18

Roads classified as FC-3 (graded earth), FC-4 (two-track roads), and FC-5 (sand) would have the 19 greatest potential for erosion. Grading activities, particularly those associated primarily with 20 FC-3 and FC-5 roads, would result in short-term, minor, adverse impacts on soil resulting from 21 erosion and sedimentation. Grading activities in more rugged terrain and within boat ramp areas 22 could result in greater potential for soil erosion and sedimentation than in flat terrain. However, 23 maintenance of roads would reduce the effects incurred from negligence, such as rutting, 24 washout, and long-term soil erosion. Grading and maintenance activities within the boat ramp 25 areas could result in increased erosion and sedimentation due to the proximity to nearby water 26 bodies. This potential for erosion and sedimentation would be greatest during storm events prior 27 to the completion of grading activities. Once grading activities have subsided and soils have 28 once again compacted under vehicle weight, soil erosion and sedimentation into nearby water 29 bodies would be much less likely to occur. Proper crowning of roads and installation of ditches 30 to manage storm water runoff on FC-3 and FC-5 roads would also reduce the potential for soil 31 erosion and sedimentation. Therefore, maintenance of roads would result in long-term, 32 beneficial impacts on soils. 33

Maintenance and repair of FC-4 roads would result in short- and long-term, minor, adverse 34 impacts on soils from vegetation control and removal of rock, which could result in increased 35 erosion and sedimentation. Installation of culverts and low-water crossings for FC-4 roads 36 would occur where erosion is problematic. This would also result in short-term, minor, adverse 37 and long-term, minor, beneficial impacts on soils due to a decrease in erosion potential. Grading 38 is anticipated to be performed infrequently on FC-4 roads. 39

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Maintenance to towers would be anticipated to result in a short-term, negligible, adverse impact 1 from erosion of soils due to potential ground disturbance from repairs or replacement of 2 equipment. This would be a localized impact. A short- to long-term, beneficial impact on soils 3 could occur due to clearing blockages from drainage structures and low water crossings if these 4 blockages have caused water to back up onto normally dry soils resulting in soil erosion and 5 sedimentation. In addition, erosion and downstream sedimentation could occur from rerouting of 6 drainage channels to avoid blockages or during flow back-up. 7

Herbicides could impact soils depending on the type of herbicide used and the timing of 8 herbicide application. Application of herbicides to soil could result in runoff and leaching of 9 chemicals. Timing of application contributes to the effectiveness of an herbicide on target plants 10 and on non-target plants and features such as soil. Therefore, application of a highly soluble 11 herbicide during a dry period presents a far different hazard to soil than during a rainy season. 12 The same contrast occurs between clear versus rainy days, and calm versus windy days (Neary 13 and Michael undated). 14

It is anticipated that short-term, minor, direct, adverse impacts on soil would occur from 15 herbicide applications during which some chemicals would adsorb strongly to soil, thereby 16 temporarily altering the soil chemistry until the chemicals have adequately degraded from 17 microbial action. Short-term, negligible impacts could occur after weedy vegetation has died but 18 before other vegetation has become established. Soil could locally be more susceptible to 19 erosion and sedimentation before vegetation is established. 20

Prime Farmland. Prime farmland soils exist within the action area; however, no impacts on 21 these soils would be expected to occur because the maintenance and repair of tactical 22 infrastructure would be confined to the existing footprints. 23

Geological Hazards. Geologic hazards are prevalent throughout the U.S./Mexico international 24 border in the form of seismic events, landslides, debris flows, and rock falls. Continued 25 maintenance and repair of the tactical infrastructure would be beneficial because it would result 26 in repairs to infrastructure that reduces the potential for erosion and sedimentation, and remove 27 debris from a geological event. BMPs would be implemented to minimize soil erosion and 28 sedimentation. BMPs could include installing silt fencing and sediment traps, applying water to 29 disturbed soil to control dust, and revegetating disturbed areas as soon as possible after 30 disturbance, as appropriate (see Appendix E). Soil erosion- and sediment-control measures, 31 such as silt fencing or curtains, would be implemented in areas where erosion and sedimentation 32 are anticipated to result from maintenance and repair activities. Erosion- and sediment-control 33 measures would be included in site plans to minimize long-term erosion and sediment production 34 at each site. Use of storm water-control measures that favor reinfiltration would minimize the 35 potential for erosion and sediment production as a result of future storm events (see Sections 3.7 36 and 3.8 for an evaluation of impacts on water resources). However, much of the area along the 37 U.S./Mexico international border in Texas is only sparsely vegetated; therefore, it would be 38 expected that control of vegetation would have a long-term, minor impact on soil erosion and 39 sedimentation, specifically during storm events. 40

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3.3.3.2 Alternative 2: No Action Alternative 1

Under the No Action Alternative, tactical infrastructure maintenance and repair activities along 2 the U.S./Mexico international border would continue and current tactical infrastructure would be 3 maintained on an as-needed basis. There would be a potential for short- and long-term, minor, 4 direct and indirect, adverse impacts on soils due to soil disturbance from grading and other 5 ground-disturbing maintenance activities. By completing maintenance and repair work on an as-6 needed basis and not periodically as described in the Proposed Action, the potential exists for an 7 increased impact on soils from emergency repair activities, such as repair of a road after 8 washout. Therefore, it is possible that greater impacts would occur under the No Action 9 Alternative than the Proposed Action because the potential for erosion and sedimentation would 10 be greater since a proactive approach to maintenance and repair would not occur. 11

3.4 VEGETATION 12

3.4.1 Definition of the Resource 13

Vegetation resources include all terrestrial and aquatic plants that are found within the action 14 area. This section describes the affected environment for native and nonnative vegetation to 15 support discussion of environmental consequences for vegetation. 16

Bailey’s multi-tiered classification of ecoregions contained in the Descriptions of the Ecoregions 17 of the United States was used to provide general descriptions of the ecology within the action 18 area (Bailey 1995). An ecoregion contains geographically distinct environmental communities 19 and conditions. Because ecoregions are defined by their shared biotic and abiotic characteristics, 20 they represent practical units on which to base conservation planning. Domains are defined by 21 climate and split into divisions, which are defined according to climate and vegetation. 22 Divisions are subsequently split into provinces that are typically defined by their major plant 23 formations (USFS 2010). 24

The U.S. Geological Survey’s (USGS) Gap Analysis Program mapping of the United States was 25 used to achieve a finer resolution of the vegetative communities within the action area 26 (USGS 2007). NatureServe (2010a) defines ecological systems as representing recurring groups 27 of biological communities that are found in similar physical environments and are influenced by 28 similar ecological processes such as fire or flooding. Ecological systems represent classification 29 units that are readily identifiable by conservation and resource managers in the field. Ecological 30 systems describe groups that are “taxonomically” broader than alliances and associations. 31

3.4.2 Affected Environment 32

The vegetation of west and south Texas has been broadly classified under the Dry Domain of 33 Bailey’s classification system (Bailey 1995). The key attribute of the Dry Domain is that annual 34 losses of water through evaporation at the earth’s surface exceed annual water gains from 35 precipitation (Bailey 1995). 36

The action area straddles two divisions in Texas, the Tropical/Subtropical Desert Division in the 37 west and the Tropical/Subtropical Steppe Division in the south. Both divisions are characterized 38 by extremely arid conditions, along with high air and soil temperatures. Direct sun radiation is 39

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very strong, as is outgoing radiation at night, causing extreme variations between day and night 1 temperatures. In Texas, the Tropical/Subtropical Desert Division is characterized by dry-desert 2 vegetation, a class of xerophytic (drought-adapted) plants that are widely dispersed and provide 3 negligible ground cover. In dry periods, visible vegetation is limited to small hard-leaved or 4 spiny shrubs, cacti, or hard grasses. Many species of small annuals can be present, but they 5 appear only after the rare but heavy rains have saturated the soil. The Tropical/Subtropical 6 Steppe Division is typically located at high altitudes, generally on plateaus and high plains. This 7 division contains grassland with short grasses and other herbs, and with locally developed 8 shrubland and woodland. In Texas, the grasslands grade into savanna woodland or semideserts 9 composed of xerophytic (drought-adapted) shrubs and trees, and the climate becomes 10 semiarid-subtropical (Bailey 1995). 11

Within the action area, Bailey’s Tropical/Subtropical Desert Division contains the Chihuahuan 12 Desert Province. The Chihuahuan Desert Province is commonly known as the Chihuahuan 13 Desert and consists of numerous shrubs, most of them thorny. They frequently grow in open 14 stands, but sometimes form low, closed thickets. In many places, they are associated with short 15 grass, such as grama grasses. Extensive arid grasslands cover most of the high plains of this 16 province (Bailey 1995). 17

The Tropical/Subtropical Steppe Division in the action area is composed of the Southwest 18 Plateau and Plains Dry Steppe and Shrub Province. This is a region of flat to rolling plains and 19 plateaus occasionally dissected by canyons. A mesa-and-butte landscape (i.e., landscape of 20 sedimentary sandstone) is characteristic of certain parts of this province. This province is 21 characterized by arid grasslands in which shrubs and low trees grow singly or in bunches. On 22 the Edwards Plateau, oak and juniper are often mixed with grasses and mesquite, and on steep 23 rocky slopes these trees can form closed stands. Due to low rainfall, these trees rarely grow 24 higher than 20 feet (Bailey 1995). 25

There are approximately 75 ecological systems in the action area (NatureServe 2010a). A table 26 listing these ecological systems is presented in Appendix D. Within the action area, 18 of these 27 systems account for more than 95 percent of the land cover. These are the ecological systems 28 that generally define the landscape of the action area and are described in the following 29 paragraphs. These descriptions were extracted from NatureServe Explorer (NatureServe 2010a). 30

Chihuahuan Mixed Desert and Thornscrub. This ecological system, which makes up 31 approximately 18 percent of the action area, is a widespread desert scrub that occurs on foothills, 32 alluvial fans (i.e., fan-shaped sediments deposited by a river or stream), and bajadas (i.e., lower 33 slopes of mountains characterized by loose alluvial sediments and poor soil development) in the 34 Chihuahuan Desert of west Texas. It generally occurs above desert plains and extends up to the 35 transition of dense shrubs and trees. Soils are typically well-drained, non-saline gravelly loams. 36 Vegetation is characterized by the presence of creosote bush, typically mixed with thornscrub or 37 other desert scrub such as lechuguilla, Wright's beebrush (Aloysia wrightii), yerba de pasmo 38 (Baccharis pteronioides), amargosa, green sotol (Dasylirion leiophyllum), catclaw mimosa 39 (Mimosa aculeaticarpa var. biuncifera), Rio Grande saddlebush (Mortonia scabrella), cactus 40 apple (Opuntia engelmannii), and honey mesquite, with littleleaf sumac (Rhus microphyla) 41 occurring in or near drainages. Stands of acacia (Acacia spp.) or acacia-dominated thornscrub 42 are included in this system. This system also includes upper piedmont deposits at the base of 43

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mountains derived from the weathering of the mountains and the transport and deposition of the 1 weathered materials by streams. Stands of desert scrub within this system are strongly 2 dominated by creosote bush. Grasses are common but generally have lower cover than shrubs 3 (NatureServe 2010a). 4

Tamaulipan Mesquite Upland Scrub. This ecological system, which makes up approximately 5 12 percent of the action area, occurs throughout much of the lower Rio Grande plains and 6 plateaus of northeastern Mexico and southern Texas. It has become widespread in the past 100 7 to 150 years as the result of disturbance to adjacent mesquite savanna grasslands. The vegetation 8 is characterized by an open to dense tall-shrub layer dominated by honey mesquite. Other 9 species that can also be dominant include guajillo, sweet acacia (Acacia farnesiana), blackbrush 10 acacia, Texas torchwood (Amyris texana), mountain torchwood (Amyris madrensis), spiny 11 hackberry (Celtis pallida), Texas barometer bush (Leucophyllum frutescens), prickly-pear cacti 12 (Opuntia spp.), Texas paloverde (Parkinsonia texana), yucca (Yucca spp.) and lime prickly-ash 13 (Zanthoxylum fagara). The herbaceous layer is generally sparse, but dense grasses can dominate 14 stands with open shrub canopies or remnant patches of savanna (NatureServe 2010a). 15

Apacherian-Chihuahuan Mesquite Upland Scrub. This ecological system, which makes up 16 approximately 12 percent of the action area, often occurs as invasive upland shrubland within the 17 Chihuahuan Desert of west Texas. This shrubland is concentrated in historically extensive desert 18 grasslands within foothills and piedmont deposits at the base of mountains. Substrates are 19 typically derived from gravelly alluvium with the ability for infiltration and storage of winter 20 precipitation in deeper soil layers. This system is dominated by honey or velvet mesquite 21 (Prosopis velutina) and other deep-rooted shrubs and succulent because deep-soil moisture is 22 unavailable to grasses and cacti. Other desert scrub species that also dominate this system 23 include acacia (Acacia spp.) and juniper (Juniperus spp.). Creosote bush is typically absent or 24 has low cover. Grass cover is typically low and composed of desert grasses such as low 25 woollygrass (Dasyochloa pulchella), muhly grasses (Muhlenbergia spp.), curlyleaf muhly 26 (Muhlenbergia setifolia), and tobosa grass (Pleuraphis mutica) (NatureServe 2010a). 27

Chihuahuan Creosotebush Desert Scrub. This ecological system, which makes up 28 approximately 11 percent of the action area, is a common lower elevation desert scrub that 29 occurs throughout much of the Chihuahuan Desert of west Texas. Stands typically occur in flat 30 to gently sloping desert basins and on alluvial plains, extending up into lower to mid positions of 31 bajadas. Substrates range from coarse-textured loams on gravelly plains to finer-textured silt and 32 clay soils in basins. Soils are alluvial (deposited by water), typically loamy and non-saline, and 33 frequently calcareous (calcium-rich). The vegetation is characterized by a moderate to sparse 34 shrub layer (less than 10 percent cover on extremely xeric [dry] sites) that is typically strongly 35 dominated by creosote bush and American tarwort (Flourensia cernua). A few scattered shrubs 36 or succulents can also be present, such as lechuguilla, mariola (Parthenium incanum), 37 leatherstem (Jatropha dioca), crown of thorns (Koeberlinia spinosa), desert-thorn (Lycium spp.), 38 and yucca. Additionally, American tarwort often strongly dominate in silty basins. In general, 39 shrub diversity is low in this system. Herbaceous cover is usually low and composed of grasses 40 (NatureServe 2010a). 41

Chihuahuan Succulent Desert Scrub. This ecological system, which makes up approximately 42 8 percent of the action area, is found in the Chihuahuan Desert of west Texas on colluvial slopes 43

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(loose gravity deposited slopes), upper bajadas, canyons, hills, and mesas. Sites are hot and dry, 1 typically with southerly aspects. The vegetation is characterized by the relatively high cover of 2 succulent species such as lechuguilla, candelilla (Euphorbia antisyphilitica), ocotillo (Fouquieria 3 splendens), barrel cacti (Ferocactus spp.), prickly-pear cacti, yucca, and many others. Perennial 4 grass cover is generally low. The abundance of succulents is diagnostic of this desert scrub 5 system, but desert shrubs are usually present (NatureServe 2010a). 6

Apacherian-Chihuahuan Semi-Desert Grassland and Steppe. This ecological system, which 7 makes up approximately 8 percent of the action area, is a broadly defined desert grassland, 8 mixed shrub-succulent, or xeromorphic oak savanna. This system is typical of the borderlands of 9 Arizona, New Mexico, and northern Mexico, but it also extends west to the Sonoran Desert and 10 throughout much of the Chihuahuan Desert, including parts of west Texas. It is found on slopes 11 up to 5,479 feet in elevation in the Chihuahuan Desert. It is characterized by typically diverse 12 perennial grasses. Common species include various types of grama (Boutelous spp.), plains 13 lovegrass (Eragrostis intermedia), bullgrass (Muhlenbergia emersleyi), muhly, curlyleaf muhly, 14 and James' galleta (Pleuraphis jamesii); succulent species such as agave (Agave spp.) and yucca; 15 short-shrub species of stickpea (Calliandra spp.), mimosa (Mimosa spp.), and feverfew 16 (Parthenium spp); and tall-shrub/short-tree species of acacia, mesquite, and various oaks 17 (Quercus spp.) (NatureServe 2010a). 18

Tamaulipan Calcareous Thornscrub. This arid thornscrub ecological system, which makes up 19 approximately 6 percent of the action area, is restricted to limestone and calcareous sandstone 20 hills and caliche substrates in south Texas. This system has an open shrub canopy that is usually 21 less than 6.6 feet tall; however, shrub cover is generally greater than 70 percent and often greater 22 than 85 percent of total vegetative cover. Dominant species include Texas barometer bush, 23 guajillo, sweet acacia, and other shrub species that can be locally dominant including blackbrush 24 acacia, mountain torchwood, Texas torchwood, amargosa, spiny hackberry, Texas kidneywood 25 (Eysenhardtia texana), barreta (Helietta parvifolia), crown of thorns, Texas paloverde, mescal 26 bean (Sophora secundiflora), or yucca. The sparse to moderately dense herbaceous layer is 27 dominated by perennial grasses (NatureServe 2010a). 28

Tamaulipan Savanna Grassland. This Tamaulipan ecological system of south Texas makes up 29 approximately 3 percent of the action area. This system is dominated by the perennial Bermuda 30 grass (Cynodon spp.) with sparse overstory of mesquite or oak trees and thornscrub. This system 31 was once a common matrix system, but has largely been converted to desert scrub and exists as 32 remnant patches (NatureServe 2010a). 33

Edwards Plateau Limestone Shrubland. This ecological system, which makes up 34 approximately 3 percent of the action area, occurs on relatively thin-soiled surfaces of limestone 35 plateaus of south-central Texas. These short to tall shrublands are variable in density depending 36 on the relative amount of, and depth to, bedrock. Bastard oak (Quercus sinuata var. breviloba) is 37 an important component of the system with some areas dominated by Texas live oak (Quercus 38 fusiformis). Ashe juniper (Juniperus ashei) is often found in this system. Other shrub species 39 can include sumac (Rhus spp.), Texas redbud (Cercis Canadensis var. texensis), swampprivet 40 (Forestiera pubescens), stretchberry (Forestiera reticulata), Texas ash (Fraxinus texensis), 41 Mexican buckeye (Ungnadia speciosa), mescal bean, Texas persimmon, shrubby blue sage 42 (Salvia ballotiflora), fragrant mimosa (Mimosa borealis), brasil, and cactus apple. This system 43

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also includes Mohr’s oak (Quercus mohriana) or sandpaper oak (Quercus vaseyana)-dominated 1 shrublands that are more common to the west, often sharing dominance with Pinchot's juniper 2 (Juniperus pinchotii). Herbaceous cover can be patchy and generally consists of perennial grass 3 species (NatureServe 2010a). 4

Chihuahuan Loamy Plains Desert Grassland. This ecological system, which makes up 5 approximately 2 percent of the action area, occurs in the northern Chihuahuan Desert of west 6 Texas. These sites are typically flat or gently sloping so precipitation does not run off and can be 7 somewhat mesic (i.e., regularly moist), but are not considered wetlands. Soils are non-saline, 8 finer textured loams or clay loam. Vegetation is characterized by perennial grasses and is 9 typically dominated by tobosa grass, and black grama (Bouteloua eriopoda) or blue grama 10 (Bouteloua gracilis). In degraded stands, burro grass (Scleropogon brevifolius), low 11 woollygrass, or threeawn (Aristida spp.) can also dominate. If present, mesic grasses such as 12 western wheatgrass (Pascopyrum smithii), vine mesquite (Panicum obtusum), alkali sacaton 13 (Sporobolus airoides), and big sacaton (Sporobolus wrightii) typically have low cover and are 14 restricted to drainages and moist depressions. Scattered shrubs such as Torrey's jointfir 15 (Ephedra torreyana var. torreyana), American tarwort, broom snakeweed (Gutierrezia 16 sarothrae), creosote bush, tree cholla (Opuntia imbricata), honey mesquite, and yucca can be 17 present, especially on degraded sites (NatureServe 2010a). 18

Edwards Plateau Limestone Savanna and Woodland. This upland system, which makes up 19 approximately 2 percent of the action area, occurs on limestone soils in the Edwards Plateau of 20 south-central Texas. This system is typified by a mosaic of evergreen oak forests, woodlands 21 and savannas over shallow soils of rolling uplands and upper slopes within the Edwards Plateau. 22 Texas live oak or Ashe juniper typically dominate the canopy of this system. Other species can 23 include Buckley oak (Quercus buckleyi), Lacey oak (Quercus laceyi), post oak (Quercus 24 stellata), cedar elm (Ulmus crassifolia), Texas ash (Fraxinus texensis), bastard oak, sandpaper 25 oak, and Texas persimmon. This system varies from dense patches of forest where canopy cover 26 approaches 100 percent with interspersed grasslands, to open savanna-like woodlands with 27 scattered individual or small groups of trees. Understories can contain various shrubs and 28 grasses including Texas redbud, stretchberry, skunkbush sumac (Rhus trilobata), grama, little 29 bluestem (Schizachyrium scoparium), Texas wintergrass (Nassella leucotricha), cedar sedge 30 (Carex planostachys), purple threeawn (Aristida purpurea), and Texas sage (Salvia texana). 31 Grasslands dominated by little bluestem occur in small patches. Grasslands in this system tend 32 to grade from shortgrass communities in the west to mixed grass communities to the east 33 (NatureServe 2010a). 34

Chihuahuan Mixed Salt Desert Scrub. This ecological system, which makes up approximately 35 2 percent of the action area, includes extensive open-canopied shrublands of typically saline 36 basins in the Chihuahuan Desert of west Texas. Stands often occur on alluvial flats and around 37 playas (i.e., dry lake basins), or flat-bottomed depressions, and in floodplains along the Rio 38 Grande and Pecos rivers. Substrates are generally fine-textured, saline soils. Vegetation is 39 typically composed of one or more saltbush (Atriplex spp.) species such as fourwing saltbush 40 (Atriplex canescens var. canescens) or mound saltbush (Atriplex obovata) along with species of 41 tarwort (Flourensia spp.), pickleweed (Salicornia spp.), seepweed (Suaeda spp.), or other plants 42 that thrive in saline soil. Grass species can include alkali sacaton, tobosa grass, or saltgrass 43 (Alloepis texana) at varying densities (NatureServe 2010a). 44

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Madrean Encinal. Madrean Encinal, which makes up approximately 1 percent of the action 1 area, occurs on foothills, canyons, bajadas, and plateaus in western Texas. These woodlands are 2 dominated by Madrean evergreen oaks such as Arizona white oak (Quercus arizonica), Emory 3 oak (Quercus emoryi), dwarf oak (Quercus intricate), gray oak (Quercus grisea), Mexican blue 4 oak (Quercus oblongifolia) and Toumey oak (Quercus toumeyi). Arizona cypress (Cupressus 5 arizonica), pinyon (Pinus spp.) and juniper trees can be present but not dominant. Chaparral 6 species such as pointleaf manzanita (Arctostaphylos pungens), mountain mahogany 7 (Cercocarpus montanus), cliffrose (Purshia spp.), silktassel (Garrya spp.), Sonoran scrub oak 8 (Quercus turbinella), frangula (Frangula spp.), and sumac can also be present. The grass layer 9 is usually prominent between trees and is dominated by warm-season grasses (NatureServe 10 2010a). 11

Tamaulipan Floodplain. This ecological system, which makes up approximately 1 percent of 12 the action area, is limited to riparian areas of the lower Rio Grande Valley in southern Texas. 13 Stands occur on riverbanks, floodplains, and deltas. These woodlands are a unique mix of 14 species from southeastern North America and subtropical Central America and are often 15 dominated by species that include sweet acacia, Texas persimmon, Texas ebony, Anaqua, 16 Mexican ash (Fraxinus berlandieriana), or cedar elm, among others. The highly variable 17 understory is dependent on canopy density and can include dense shrub or herbaceous layers 18 (NatureServe 2010a). 19

North American Warm Desert Riparian Woodland and Shrubland. This ecological system, 20 which makes up less than 1 percent of the action area, consists of low-elevation (i.e., less than 21 3,937 feet) riparian corridors along medium to large perennial streams throughout canyons and 22 desert valleys of the southwestern United States and adjacent Mexico. Rivers include the lower 23 Colorado (into the Grand Canyon), Gila, Santa Cruz, Salt, lower Rio Grande, and the lower 24 Pecos. The vegetation is a mix of riparian woodlands and shrublands. Dominant trees include 25 boxelder, velvet ash (Fraxinus velutina), Fremont cottonwood (Populus fremontii), Goodding's 26 willow (Salix gooddingii), arroyo willow (Salix lasiolepis), netleaf hackberry (Celtis laevigata 27 var. reticulata), California sycamore (Platanus racemosa), and Arizona walnut (Juglans major). 28 Dominant shrubs include Geyer willow (Salix geyeriana), silver buffaloberry (Shepherdia 29 argentea), and narrowleaf willow (Salix exigua). Vegetation is dependent upon annual or 30 periodic flooding and associated sediment scour and annual rise in the water table for growth and 31 reproduction (NatureServe 2010a). 32

Pasture/Hay and Cultivated Cropland. These are agricultural lands that typically have either a 33 perennial herbaceous cover in the case of Pasture/Hay, or have seasonal fluctuations in annual or 34 perennial plant cover in the case of cultivated croplands (NatureServe 2010a). Together these 35 lands make up approximately 3 percent of the action area. Both systems typically do not contain 36 significant cover from native plant species. In general, grading, fertilizer application, and 37 irrigation have converted these areas to a completely different community type than what was 38 originally present. Agriculture can also include ordinary pasture maintenance and renovation, 39 and dry land farming operations consistent with rangeland management and soil disturbance 40 activities. These lands occur at varying densities throughout the action area with the largest 41 concentration occurring in the Rio Grande Valley of south Texas (Holland 1986). 42

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Developed. This is a system composed of areas of intensive use with much of the land 1 constructed upon or otherwise physically altered to an extent that native vegetation is no longer 2 supported (Oberbauer et al. 2008). Developed land, which makes up approximately 3 percent of 3 the action area, is highly modified and characterized by permanent or semi-permanent structures, 4 pavement, or unvegetated areas. This land occurs throughout the action area with the highest 5 concentrations occurring in the urban areas of El Paso, Del Rio, Eagle Pass, and Laredo; and the 6 metropolitan region of the Rio Grande Valley that includes McAllen and Brownsville. 7

3.4.3 Environmental Consequences 8

Effects on vegetation resources would be significant if the species or habitats are adversely 9 affected over relatively large areas. Effects would also be considered significant if disturbances 10 cause substantial or permanent reductions in population size or distribution of a species. 11

The significance of effects on vegetation is based on the following: 12

The importance (i.e., legal, commercial, recreational, ecological, or scientific) of the 13 resource 14

The portion of the resource that would be affected relative to its occurrence in the region 15

The sensitivity of the resource to proposed activities 16

The duration of ecological ramifications. 17

3.4.3.1 Alternative 1: Proposed Action 18

Short- and long-term, negligible to minor, direct and indirect, adverse effects on vegetation 19 would occur from the Proposed Action due to vegetation control, crushing, accidental spills, and 20 temporary increases in turbidity and sedimentation. Vegetation control would occur within 21 existing footprints where vegetation is being maintained, and outside of the existing footprints 22 for road setbacks. Vegetation control could include the selective removal of woody vegetation 23 and could result in conversion or degradation of habitat. Vegetation control could also result in 24 habitat disturbance resulting in the establishment of different plant communities, including 25 invasive species, in the controlled area. 26

Negligible to minor, direct, adverse effects on vegetation, such as crushing, might occur when 27 required vehicles and equipment access, park at, and maneuver around areas requiring 28 maintenance. All maintenance activities are expected to occur within or adjacent to existing 29 footprints of tactical infrastructure; as such, these impacts would be negligible. 30

Degradation of plant communities would also occur if petroleum products or other hazardous 31 materials are accidently released during operation or storage of maintenance and repair vehicles 32 and other equipment. All regulatory requirements for handling and storage of fuels, oils, and 33 other hazardous materials, such as the development of spill prevention plans, would be 34 implemented. 35

Near- and in-water maintenance, such as that for bridges, boat ramps, and roads, and repair of 36 damaged riprap, culverts, and other drainage structures and crossings, could result in direct and 37

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indirect impacts on aquatic plants and their habitats from increases in erosion, sedimentation, and 1 turbidity. Impacts would include direct smothering of aquatic plants, degradation of habitat, and 2 a decrease in sunlight. In addition, hazardous materials could be inadvertently released into 3 aquatic habitat during maintenance and repair activities. These actions would temporarily 4 degrade aquatic habitat, and directly and indirectly affect aquatic plant species. However, 5 maintenance roadways and repair of damaged riprap, culverts, and other drainage structures and 6 crossings would reduce erosion, improve stream flow, and result in beneficial impacts on aquatic 7 habitat and species. 8

Under this alternative, a long-term, beneficial impact on vegetation would occur from the 9 reduced potential for erosion and sedimentation from the periodic, scheduled inspections and 10 maintenance of crossings and structures. Adverse impacts on vegetation would be minimized 11 through the use of appropriate BMPs (see Appendix E). Examples of BMPs that would be 12 implemented with the Proposed Action to reduce impacts as necessary are listed as follows: 13

If vegetation must be cut back, allow natural regeneration of native plants by cutting 14 vegetation with hand tools, mowing, trimming, or other vegetation-control methods that 15 allow root systems to remain intact. 16

Vegetation targeted for retention would be flagged to reduce the likelihood of being 17 treated. 18

Vegetation control would be timed to avoid the migration, breeding, and nesting 19 timeframe of migratory birds (March 15 through September 15). Herbicide retreatments 20 could occur throughout the year. If initial mechanical and chemical vegetation control or 21 subsequent mechanical vegetation control needs to be implemented during March 15 22 through September 15, a survey for nesting migratory birds would be conducted 23 immediately prior to the start of activities. Cutting of riparian vegetation would be 24 avoided within 100 feet of aquatic habitats to provide a buffer area to protect the habitat 25 from sedimentation. 26

The method of vegetation control used on a levee would ensure that the integrity of the 27 levee is maintained. 28

A fire prevention and suppression plan would be developed and implemented for all 29 maintenance and repair activities that require welding or otherwise have a risk of starting 30 a wildfire. 31

Fill material, sandbags, hay bales, and mulch brought in from outside the project area by 32 its source location would be identified and sources that are sterile or weed-free would be 33 used. 34

Project operations including both initial treatment and subsequent maintenance and repair 35 would be timed to avoid the migration, breeding, and nesting timeframe of special status 36 species. In general, mechanical vegetation treatment and retreatment would occur 37 between October 1 and March 31. Herbicide retreatments would occur throughout the 38 year. 39

Control of riparian vegetation within 100 feet of aquatic habitats would be avoided to 40 provide a buffer area to protect the habitat from sedimentation. 41

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For all in-water work in streams, sediment barriers would be used to avoid downstream 1 effects of turbidity and sedimentation. 2

3.4.3.2 Alternative 2: No Action Alternative 3

Under the No Action Alternative, short- and long-term, minor to moderate, direct and indirect, 4 adverse effects on vegetation would occur. Under the No Action Alternative, CBP would 5 continue current maintenance and repair activities, and tactical infrastructure would be 6 maintained and repaired on an as-needed basis. There would be no centralized planning process 7 for maintenance and repair, and consequently, maintenance and repair usually would be 8 performed on tactical infrastructure that is in disrepair. Under this alternative, the lack of 9 coordinated environmental staff support and centralized planning would result in inefficiencies 10 that would lead to the eventual degradation of tactical infrastructure, resulting in impacts on 11 vegetation. Maintenance and repair under this alternative would result in impacts on vegetation, 12 such as conversion and degradation of habitat and plant communities from vegetation control, 13 establishment of different plant communities including invasive species, and accidental release 14 of petroleum products or other hazardous materials; trampling and crushing vegetation while 15 accessing the sites; and increased erosion, turbidity, and sedimentation including the burial of 16 aquatic plants. By completing maintenance and repair work on an as-needed basis, the potential 17 exists for increased impacts on vegetation. Without a centralized planning process, maintenance 18 and repair specifications would not be established and standardized BMPs would not be 19 implemented. For example, without a standardized BMP requiring that the footprint of the 20 maintenance area be flagged or marked, vegetation immediately adjacent to the maintenance 21 footprint could be impacted if maintenance activities went beyond that footprint. Thus, some 22 vegetation adjacent to tactical infrastructure could be degraded or destroyed. Therefore, it is 23 possible that greater impacts would occur under the No Action Alternative than the Proposed 24 Action, as the potential for habitat disturbances would be greater due to a lack of a proactive 25 approach to maintenance and repair. 26

3.5 TERRESTRIAL AND AQUATIC WILDLIFE RESOURCES 27

3.5.1 Definition of the Resource 28

This section provides a description of the wildlife and aquatic resources expected to occur within 29 the action area. Terrestrial wildlife resources include native or naturalized terrestrial animals and 30 the habitats in which they exist. Aquatic wildlife resources include native or naturalized aquatic 31 animals and the habitats in which they exist. Species addressed in this section include those that 32 are not listed as threatened or endangered by the Federal government. Federal threatened and 33 endangered species, other sensitive wildlife species, and migratory birds are addressed in 34 Section 3.6. 35

3.5.2 Affected Environment 36

An abundance of high-quality habitat for wildlife currently exists within the action area. This 37 vast area is capable of supporting hundreds of wildlife species, including mammals, birds, 38 reptiles, and amphibians. Many species occur throughout the entire action area; however, for the 39 purpose of introducing wildlife and their habitats, the action area is separated into two sections 40

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divided by the Pecos River: the “Trans-Pecos” in the far west Texas region, which includes the 1 land west of the Pecos River; and south Texas, which includes the land south and east of the 2 Pecos River. 3

Trans-Pecos. The Chihuahuan Desert covers the vast area of far west Texas known as the 4 Trans-Pecos. Pronghorn antelope (Antilocapra americana) and southern mule deer (Odocoileus 5 hemionus) are the most widely distributed large game animals within this area. The javelina 6 (Pecari tajacu) is also a common species. The black-tailed jackrabbit (Lepus californicus), 7 desert cottontail (Sylvilagus audubonii), kangaroo rat (Dipodomys spp.), wood rat (Neotoma 8 floridana), and numerous smaller rodents compete with domestic and wild herbivores. 9 Mammalian predators include the coyote (Canis latrans) and bobcat (Lynx rufus). Common 10 mammals in the shrublands east of the Trans-Pecos include nine-banded armadillo (Dasypus 11 novemcinctus), fox squirrel (Sciurus niger), white-footed mouse (Peromyscus leucopus), black 12 rat (Rattus rattus), house mouse (Mus musculus), raccoon (Procyon lotor), coyote, white-tailed 13 deer (Odocoileus virginianus), and cottontail (Sylvilagus spp.). 14

The black-throated sparrow is one of the most abundant birds of the Trans-Pecos. Greater 15 roadrunner (Geococcyx californianus), curve-billed thrasher (Toxostoma curvirostre), and 16 Chihuahuan raven (Corvus cryptoleucus) are also common. Scaled quail (Callipepla squamata) 17 and Gambel’s quail (Callipepla gambelii) occupy most of the area, and northern bobwhite 18 (Colinus virginianus) populations are also present. Raptors include the golden eagle (Aquila 19 chrysaetos), great horned owl (Bubo virginianus), red-tailed hawk (Buteo jamaicensis), 20 ferruginous hawk (Buteo regalis), and the rare zone-tailed hawk (Buteo albonotatus). Common 21 avian species in the shrublands east of the Trans-Pecos include mourning dove, yellow-billed 22 cuckoo (Coccyzus americanus), chimney swift (Chaetura pelagica), black-chinned hummingbird 23 (Archilochus alexandri), red-bellied woodpecker (Melanerpes carolinus), purple martin (Progne 24 subis), cliff swallow (Petrochelidon pyrrhonota), blue jay (Cyanocitta cristata), Carolina 25 chickadee (Parus carolinensis), tufted titmouse (Parus bicolor), Carolina wren (Thryothorus 26 ludovicianus), Bewick's wren (Thryomanes bewickii), northern mockingbird (Mimus 27 polyglottos), white-eyed vireo (Vireo griseus), black-and-white warbler (Mniotilta varia), 28 northern cardinal (Cardinalis cardinalis), rufous-crowned sparrow (Aimophila ruficeps), lark 29 sparrow (Chodestes grammacus), great-tailed grackle (Quiscalus mexicanus), and house sparrow 30 (Passer domesticus) (Bailey 1995). Migratory bird nesting occurs from March 15 through 31 September 15 in the action area 32

The Trans-Pecos is characterized by many reptiles, including the common chuckwalla, Texas 33 horned lizard (Phrynosoma cornutum), desert spiny lizard (Sceloporus magister), and various 34 species of rattlesnakes (Crotalus spp.) (Bailey 1995). Common species of amphibians east of the 35 Trans-Pecos include spadefoot toads (Scaphiopus spp.), chorus frogs (Pseudacris spp.), true 36 toads (Bufo spp.), and true frogs (Rana spp.). Common snakes include rat snakes (Elaphe spp.), 37 water snakes (Nerodia spp.), western diamondback rattlesnakes (Crotalus atrox), and Texas 38 coral snakes (Micrurus fulviustener). Common turtles of southern Texas include eastern river 39 cooter (Pseudemys concinna), ornate box turtle (Terrapene ornata), yellow mud turtle 40 (Kinosternon flavescens), Texas tortoise (Gopherus berlandieri), smooth softshell (Apalone 41 mutica), and spiny softshell (A. spinifera) (Bailey 1995). 42

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The action area follows the Rio Grande and includes all of its tributaries downstream of El Paso. 1 Significant tributaries include the Pecos and Devils rivers, which both flow into Amistad 2 Reservoir, located just north of Del Rio. The Rio Grande also receives contributions from 3 numerous spring-fed systems within the Trans-Pecos and Edward Plateau regions. Aquatic 4 resources include native or naturalized fish, mollusks, and crustaceans within streams, rivers, 5 reservoirs, and creeks. Common fish of the Rio Grande system include gars (Lepisosteus spp.), 6 bass (Micropterus spp.), herrings (Clupea spp.), channel catfish (Ictalurus punctatus), darters 7 (Etheostoma gracile), bullhead (Ictiobus spp.), and shiners (Notropis spp.) (CBP 2008a). 8

South Texas. South Texas is part of the Southwest Plateau and Plains Dry Steppe and Shrub 9 Province. Common mammals within this province include the whitetail deer, nine-banded 10 armadillo, Mexican ground squirrel (Spermophilus mexicanus), fox squirrel, ringtail (Bassariscus 11 astutus), raccoon, and gray fox (Urocyon cinereoargenteus) (Bailey 1995). Surveys from the 12 region in 2008 noted additional mammals including coyote, bobcat, collared peccary (Pecari 13 tajacu), striped skunk (Mephitis mephitis), nine-banded armadillo, eastern cottontails (Sylvilagus 14 floridanus), desert cottontails (Sylvilagus audubonii), fulvous mouse (Reithrodontomys 15 fulvesecens), hispid cotton rat (Sigmodon hispidus), and Gulf Coast kangaroo rat (Dipodomys 16 compactus) (CBP 2008a). 17

Bird species are especially abundant in this region as the Central and Mississippi flyways 18 converge in south Texas. Additionally, south Texas is the northernmost range for many of the 19 neotropical migrants of Central America. Approximately 500 avian species, including 20 neotropical migrants, shorebirds, raptors, and waterfowl can occur in south Texas. Some of the 21 birds that frequent south Texas include the least grebe (Tachybaptus dominicus), muscovy duck 22 (Anas platyrhynchos), hook-billed kite (Chondrohierax uncinatus), gray hawk (Buteo nitidus), 23 white-tailed hawk (Buteo albicaudatus), aplomado falcon, plain chachalaca (Ortalis vetula), red-24 billed pigeon (Patagioenas flavirostris), white-tipped dove (Leptotila verreauxi), green parakeet 25 (Psittacara holochlora), red-crowned parrot (Amazona viridigenalis), groove-billed ani 26 (Crotophaga sulcirostris), ferruginous pygmy-owl (Glaucidium brasilianum), common pauraque 27 (Nyctidromus albicollis), buff-bellied hummingbird (Amazilia yucatanensis), ringed kingfisher 28 (Ceryle torquata), green kingfisher (Chloroceryle Americana), northern beardless-tyrannulet 29 (Camptostoma imberbe), brown-crested flycatcher (Myiarchus tyrannulus), great kiskadee 30 (Pitangus sulphuratus), tropical kingbird (Tyrannus melancholicus), Couch’s kingbird (Tyrannus 31 couchii), green jay (Cyanocorax yncas), brown jay (Cyanocorax morio), Tamaulipas crow 32 (Corvus imparatus), Chihuahuan raven, cave swallow (Petrochelidon fulva), clay-colored robin 33 (Turdus grayi), long-billed thrasher (Toxostoma longirostre), tropical parula (Setophaga 34 pitiayumi), white-collared seedeater (Sporophila torqueola), olive sparrow (Arremonops 35 rufivirgatus), Botteri’s sparrow (Aimophila botterii), Altamira oriole (Icterus gularis), and 36 Audubon’s oriole (Icterus graduacauda) (CBP 2008a). 37

Reptiles and amphibians observed during the surveys in 2008 include the blue spiny lizard 38 (Sceloporus serrifer), Laredo striped whiptail (Cnemidophorus laredoensis), prairie racerunner 39 (Aspidoscelis sexlineata viridis), Texas horned lizard, Texas spiny softshell turtle (Apalone 40 spinifera emoryi), Rio Grande cooter (Pseudemys gorzugi), Rio Grande leopard frog (Lithobates 41 berlandieri), Rio Grande chirping frog (Eleutherodactylus cystignathoides), Mexican treefrog 42 (Smilisca baudinii), Gulf Coast toad (Incilius valliceps), and the giant (marine) toad (Rhinella 43 marina) (CBP 2008a). 44

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Two fish species were also observed during these surveys: the Texas cichlid (Herichthys 1 cyanoguttatus) and mosquito fish (Gambusia affinis). Other common fish of the Rio Grande 2 system include gars, bass, herrings, channel catfish, darters, bullhead, and shiners (CBP 2008a). 3

3.5.3 Environmental Consequences 4

Effects on wildlife and aquatic resources would be significant if the species or habitats are 5 adversely affected over relatively large areas. Effects would also be considered significant if 6 disturbances cause substantial or permanent reductions in population size or distribution of a 7 species. 8

The significance of effects on wildlife is based on the following: 9

The importance (i.e., legal commercial, recreational, ecological, or scientific) of the 10 resource 11

The portion of the resource that would be affected relative to its occurrence in the region 12

The sensitivity of the resource to proposed activities 13

The duration of ecological ramifications. 14

3.5.3.1 Alternative 1: Proposed Action 15

Short- and long-term, negligible to minor, direct and indirect, adverse effects on wildlife would 16 occur from the Proposed Action. All maintenance and repair activities would occur within or 17 adjacent to the existing footprints of tactical infrastructure. As such, maintenance and repair of 18 tactical infrastructure would result in temporary, minor degradation of wildlife habitat and a 19 small amount of permanent habitat loss. 20

Mechanical vegetation-control methods, such as mowing and trimming, would likely cause 21 larger mammals, reptiles, and birds, including breeding migratory birds, to relocate temporarily. 22 Individuals of smaller, less-mobile species could inadvertently be directly impacted by 23 maintenance and repair activities. Vegetation control would occur within existing footprints 24 where vegetation is being maintained. As such, impacts from vegetation control would be 25 temporary. Vegetation control could include the selective removal of woody vegetation and 26 could result in conversion or degradation of habitat. In addition to the direct disturbance of 27 habitat associated with vegetation control, including the selective removal of woody plants, this 28 activity could result in the establishment of invasive plant species in the controlled area resulting 29 in the conversion of habitat. 30

Localized degradation of habitat would also occur if petroleum products or other hazardous 31 materials are accidently released during operation or storage of maintenance vehicles and other 32 equipment. All regulatory requirements for handling and storage of fuels, oils, and other 33 hazardous materials, such as the development of spill prevention plans, would be implemented. 34 Thus, habitat degradation resulting from accidental releases of hazardous materials would be 35 negligible. 36

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Some wildlife might be killed or injured during ground-disturbing activities or during 1 transportation of equipment and personnel. Most ground-disturbing activities would occur 2 within and adjacent to previously disturbed sites; therefore, the number of animals killed or 3 injured during proposed activities would be less than what would occur when new areas are 4 disturbed. However, burrowing animals, such as the rodents and reptiles, could be impacted. 5

Near- and in-water bridge, boat ramp, road, and drainage structure maintenance and repair 6 activities could result in direct and indirect impacts on aquatic species and their habitats from 7 increases in erosion, sedimentation, and turbidity. Sedimentation can reduce the quantity and 8 quality of spawning areas and influence stream productivity and food supply (e.g., aquatic 9 insects) for both aquatic and terrestrial species. In addition, hazardous materials could be 10 inadvertently released into aquatic habitats during maintenance and repair activities. These 11 actions would temporarily degrade aquatic habitat and directly and indirectly affect aquatic 12 species. BMPs would be implemented to minimize sedimentation and reduce the risk of the 13 release of hazardous materials into aquatic systems (e.g., control of riparian vegetation would be 14 avoided when possible to provide a buffer area to protect aquatic habitat from sedimentation). 15 As a result of implementing these control measures, sedimentation and associated adverse effects 16 on aquatic species would be minor. In addition, road maintenance, and repair of damaged riprap, 17 culverts, and other drainage structures and crossings would reduce erosion, improve stream flow, 18 and result in beneficial impacts on aquatic habitat and species. Under this alternative, a 19 long-term, beneficial impact on wildlife and their habitats would occur due to reduced potential 20 for erosion and sedimentation from the periodic, scheduled inspections and maintenance of 21 crossings and structures. 22

Temporary displacement of mobile wildlife from noise, night lighting, and other disturbances 23 associated with the Proposed Action could occur more often than existing maintenance and 24 repair activities because maintenance would be scheduled at regular intervals. However, BMPs 25 would be implemented to minimize these adverse effects (e.g., if lights must be used at night, 26 they would be limited to a maximum of 1.5 foot-candles and downshielded to avoid affecting bat 27 species, such as the cave myotis). 28

Adverse impacts would be minimized by using appropriate BMPs (see Appendix E). The 29 following are examples of BMPs that could be implemented with the Proposed Action to reduce 30 impacts: 31

Vegetation control including both initial treatment and subsequent maintenance would be 32 timed to avoid the migration, breeding, and nesting timeframe of special status species. 33 In general, mechanical vegetation treatment and retreatment would occur between 34 October 1 and March 31. Herbicide retreatments would occur throughout the year. 35

Ensure temporary light poles and other pole-like structures used for maintenance 36 activities have anti-perch devices to discourage roosting by birds. 37

Minimize animal collisions during maintenance and repair activities by not exceeding 38 speed limits of 35 miles per hour (mph) on major unpaved roads (i.e., graded with ditches 39 on both sides) and 25 mph on all other unpaved roads. During periods of decreased 40 visibility (e.g., night, poor weather, curves), do not exceed speeds of 25 mph. 41

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To prevent entrapment of wildlife species, ensure excavated, steep-walled holes or 1 trenches are either completely covered by plywood or metal caps at the close of each 2 work day or provided with one or more escape ramps (at no greater than 1,000-foot 3 intervals and sloped less than 45 degrees) constructed of earth fill or wooden planks. 4

Each morning before the start of maintenance activities and before such holes or trenches 5 are filled, ensure they are thoroughly inspected for trapped animals. Ensure that any 6 animals discovered are allowed to escape voluntarily (by escape ramps or temporary 7 structures), without harassment, before maintenance activities resume; or are removed 8 from the trench or hole by a qualified person and allowed to escape unimpeded. 9

3.5.3.2 Alternative 2: No Action Alternative 10

Under the No Action Alternative, CBP would continue current maintenance activities and 11 short- and long-term, minor to moderate, direct and indirect, adverse effects on terrestrial and 12 aquatic wildlife would occur. Tactical infrastructure would be maintained and repaired on an 13 as-needed basis. There would be no centralized planning process for maintenance and repair, 14 and, as a consequence, maintenance and repair usually would be performed only on tactical 15 infrastructure that is in disrepair. Under this alternative, the lack of coordinated environmental 16 staff support and centralized planning would result in inefficiencies that would lead to the 17 eventual degradation of tactical infrastructure. The No Action Alterative would result in greater 18 impacts on wildlife than the Proposed Action because maintenance and repair would be 19 reactionary. Under this alternative, impacts on wildlife, such as displacement of wildlife, habitat 20 conversion, and degradation from vegetation control and the accidental release of petroleum 21 products; crushing of smaller, less-mobile species resulting in death or injury; and disturbance 22 from noise effects, night lighting, and temporary displacement of terrestrial species, would be 23 expected. 24

By completing maintenance and repair work on an as-needed basis, the potential exists for 25 increased impacts on wildlife species. Without a centralized planning process, maintenance and 26 repair specifications would not be established and standardized BMPs might not be implemented 27 (e.g., without a standardized BMP requiring that the footprint of the maintenance area be flagged 28 or marked, wildlife habitat immediately adjacent to the maintenance footprint could be impacted 29 if maintenance activities went beyond the footprint). In addition, maintenance and repair 30 activities planned on an ad hoc basis without uniform application of centralized standards would 31 likely lead to inconsistent outcomes and greater risk to environmental resources such as wildlife. 32 For example, it might not allow the implementation of BMPs that require scheduling 33 preventative maintenance around important seasons, such as the growing or active season when 34 sensitive species might be vulnerable. Thus, some wildlife species and their habitat adjacent to 35 tactical infrastructure could be degraded or destroyed. Therefore, it is possible that greater 36 impacts would occur under the No Action Alternative than the Proposed Action, as the potential 37 for habitat disturbances would be greater due to the lack of a proactive approach to maintenance 38 and repair. 39

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3.6 THREATENED AND ENDANGERED SPECIES 1

3.6.1 Definition of the Resource 2

Species listed as threatened or endangered under the ESA (federally listed species) and 3 designated critical habitat that have the potential to be affected by implementation of the 4 Proposed Action are discussed in this section. Information from the USFWS and NatureServe 5 elemental occurrence data were used to determine the presence of species within the action area. 6 An elemental occurrence is defined by NatureServe as an area of land or water where a species 7 or natural community is or was present and has conservation value (NatureServe 2010b). These 8 occurrence data require that a species is in appropriate habitat, at the appropriate time of the year, 9 and is naturally occurring (NatureServe 2010b). This section presents those federally listed 10 species that are known to occur or have the potential to occur within the action area. State-listed 11 species are described in Appendix D. 12

3.6.2 Affected Environment 13

The agencies that have primary responsibility for the conservation of plant and animal species in 14 Texas are the USFWS and TPWD. These agencies maintain lists of plant and animal species 15 that have been classified, or are potential candidates for classification, as threatened or 16 endangered in the State of Texas. Listed species for El Paso, Hudspeth, Culberson, Jeff Davis, 17 Presidio, Brewster, Pecos, Terrell, Val Verde, Edwards, Kinney, Maverick, Dimmit, Zavala, 18 Uvalde, Webb, Zapata, Starr, Hidalgo, and Cameron counties were obtained through USFWS 19 (USFWS 2014b). Data on species’ occurrences and distributions were obtained from 20 NatureServe (NatureServe 2010a), The Center for Plant Conservation (CPC 2010), Texas Parks 21 and Wildlife Endangered and Threatened Species database (TPWD 2007), and Biological 22 Resources Plan for Construction, Operation and Maintenance of Tactical Infrastructure For Rio 23 Grande Valley Sector, Texas (CBP 2008b). There are 24 species federally listed as threatened or 24 endangered that are known to occur within or near the action area, see Table 3-1. Suitable 25 habitat and their applicable blooming seasons for these species are listed in Table 3-2. Analysis 26 of state-listed rare, threatened, and endangered species is outlined in Appendix D. 27

An additional 34 threatened or endangered species occur within the counties along the 28 U.S./Mexico international border in Texas. These species would not be affected by the Proposed 29 Action because they do not occur or are very rare in areas where tactical infrastructure is located, 30 or because no activities would be conducted within or near habitat used by these species along or 31 near the U.S./Mexico international border. Therefore, these 34 species are not discussed further. 32 The species are Davis’ green pitaya (Echinocereus viridiflorus var. davisii), little Aguja 33 pondweed (Potamogeton clystocarpus), Nellie cory cactus (Coryphantha minima), Pecos 34 sunflower (Helianthus paradoxus), Texas wild-rice (Zizania texana), Peck’s cave amphipod 35 (Stygobromus pecki), Pecos assiminea (Assiminea pecos), Comal Springs drypoid beetle 36 (Stygoparnus comalensis), Comal Springs riffle beetle (Heterelmis comalensis), Comanche 37 Springs pupfish (Cyprinodon elegans), Diamond tryonia (Pseudotryonia adamantine), 38 diminutive amphipod (Gammarus hyalleloides), fountain darter (Etheostoma fonticola), 39 Gonzales tryonia (Tryonia circumstriata), Leon Springs pupfish (Cyprinodon bovinus), Pecos 40 amphipod (Gammarus pecos), Pecos gambusia (Gambusia nobilis), Phantom springsnail 41 (Pyrgulopsis texana), Phantom tyonia (Tryonia cheatumi), San Marcos salamander 42

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Table 3-1. Federally Listed Species Known to Occur 1 within the Action Area 2

Common Name Scientific Name Listing Status

PLANTS

Ashy dogweed Thymophylla tephroleuca Endangered

Bunched cory cactus Coryphantha ramillosa Threatened

Chisos Mountain hedgehog cactus Echinocereus chisoensis var. chisoensis Threatened

Hinckley's oak Quercus hinckleyi Threatened

Johnston’s frankenia Frankenia johnstonii Endangered

Lloyd’s mariposa cactus Echinomastus mariposensis Threatened

Tobusch fishhook cactus Sclerocactus brevihamatus tobuschii Endangered

Sneed pincushion cactus Coryphantha sneedii sneedii Threatened

South Texas ambrosia Ambrosia cheiranthifolia Endangered

Star cactus Astrophytum asterias Endangered

Terlingua Creek cat’s-eye Cryptantha crassipes Endangered

Texas ayenia Ayenia limitaris Endangered

Texas snowbells Styrax platanifolius texanus Endangered

Walker’s manioc Manihot walkerae Endangered

Zapata bladderpod Lesquerella thamnophila Endangered,

critical habitat

FISHES

Big Bend gambusia Gambusia gaigei Endangered

Devils River minnow Dionda diaboli Threatened, critical

habitat

Rio Grande silvery minnow Hybognathus amarus Endangered,

critical habitat

BIRDS

Black-capped vireo Vireo atricapilla Endangered

Southwestern willow flycatcher Empidonax traillii extimus Endangered,

critical habitat

Yellow-billed cuckoo Coccyzus americanus Threatened (Proposed)

MAMMALS

Gulf Coast jaguarundi Puma yagouaroundi cacomitli Endangered

Mexican long-nosed bat Leptonycteris nivalis Endangered

Ocelot Leopardus pardalis Endangered

3

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Table 3-2. Threatened and Endangered Plant Species Habitat and Blooming Season 1

Common Name Habitat Blooming Season

Ashy dogweed Open areas on fine sandy-loam soils on level or rolling grasslands.

March–May

Bunched cory cactus Bouquillas and Santa Elena limestone formation within Chihuahuan desert scrubland.

April–August

Chisos Mountain hedgehog cactus

Alluvial flats at elevations of 1,950 to 2,250 feet in Chihuahuan desert vegetation.

March–July

Hinckley's oak Dry limestone slopes at elevations between 3,500 and 4,500 feet in Chihuahuan desert vegetation.

March–April

Johnston’s frankenia Open or sparsely vegetated rocky gypsies hillsides, and saline flats.

year-round

Lloyd’s Mariposa cactus

Very open area with few shrubs in the Chihuahuan desert scrubland at elevations between 2,500 and 3,500 feet.

July–August

Tobusch fishhook cactus

Eastern Edwards Plateau of Texas on high stream banks. April–September

Sneed pincushion cactus

Cracks on vertical limestone cliffs and ledges within semi-desert grasslands at elevations of 3,900 to 7,700 feet.

March–May

South Texas ambrosia

Subtropical woodland communities within coastal prairies and savannas with well-drained, heavy soils at low elevations from 23 to 66 feet.

year-round

Star cactus Sparse open thorn shrub and grasslands with gravelly clay and loam soils.

late summer–early fall

Terlingua Creek cat’s-eye

Open or sparsely vegetated areas with impure silty limestone soils (Fizzle Flat lentil) at elevations between 3,150 and 3,450 feet.

March–May

Texas ayenia Open ground, on the edges of thickets, or within thickets, and on dry, alluvial clay soils.

year-round

Texas snowbells Edwards Plateau Vegetation Area. Lightly wooded areas with vertical limestone and dolomite cliffs.

March–May

Walker’s manioc Endemic to the Tamaulipan biotic province. Grows among low shrubs, native grasses, and herbaceous plants, either in full sunlight or in the partial shade of shrubs.

April–September

Zapata bladderpod Graveled to sandy-loam soils on upland terraces that are above the Rio Grande floodplain.

February–April

(Eurycea nana), Texas blind salamander (Typhlomolge rathbuni), green sea turtle (Chelonia 2 mydas), hawksbill sea turtle (Eretmochelys imbricata), Kemp’s ridley sea turtle (Lepidochelys 3 kempii), leatherback sea turtle (Dermochelys coriacea), loggerhead sea turtle (Caretta caretta), 4 golden-cheeked warbler (Dendroica chrysoparia), interior least tern (Sterna antillarum), 5 Mexican spotted owl (Strix occidentalis lucida), northern aplomado falcon (Falco femoralis 6

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septentrionalis), piping plover (Charadrius melodus), red knot (Calidris canutus rufa, Proposed), 1 west Indian manatee (Trichechus manatus), and whooping crane (Grus americana). 2

3.6.2.1 Terrestrial Threatened and Endangered Species 3

The following paragraphs describe the 24 federally listed species known to occur within or near 4 the action area. 5

Ashy dogweed (Thymophylla tephroleuca). This is a perennial herb growing up to 12 inches 6 tall. This plant has a woody base and is covered with ashy-white wooly hairs (USFWS 1987a). 7 The leaves are alternate and linear and exude a pungent odor when crushed. The flowers, which 8 usually bloom from March to May, are golden yellow (NatureServe 2010a). 9

Ashy dogweed requires unique soils that exist in south Texas. Existing populations are on sandy 10 pockets of Maverick-Catarina, Copita-Zapata, and Nueces Comita soils (TPWD 2009). These 11 sandy or sandy-loam soils that occur on level or rolling grasslands are often shrub-invaded with 12 Mesquite-Acacia thorn brush (NatureServe 2010b). Ashy dogweed is known to occur in the 13 south Texas counties of Starr, Webb, and Zapata (TPWD 2009). However, this species has not 14 been observed in Starr County since 1932. At the time the recovery plan was published 15 (USFWS 1987a), the total population occupied approximately 25 acres and was estimated at 16 1,300 individual plants on a right-of-way (ROW) owned by the Texas Department of 17 Transportation and an adjacent private tract of land (USFWS 1987a). NatureServe data indicate 18 one elemental occurrence of approximately 1,000 ashy dogweed plants within Zapata County 19 and USGS topographic quadrangle maps O'Keefe Lake and Arroyo Salado West within the 20 action area (NatureServe 2010b). 21

Threats to the ashy dogweed population include ROW maintenance activities associated with the 22 highway adjacent to known populations and adjacent ranching industry practices. These 23 maintenance activities include mowing and blading along the ROW. Ranching industry 24 practices that threaten the ashy dogweed include trampling of seedlings, clearing and grubbing, 25 and the introduction of exotic grasses, such as buffel grass (Cenchrus ciliaria) (USFWS 1987a). 26

Bunched cory cactus (Coryphantha ramillosa). This is a small, multi-headed cactus with 27 slender spines that radiate in all directions. Flowers, which bloom from April to August, are pale 28 pink to deep rose, and fruits are green and juicy at maturity (CPC 2010). The stems of the 29 bunched cory cactus are dark grayish green, solitary or rarely with a few branches that are 2.4 to 30 3.6 inches long and 2.4 to 3.7 inches in diameter (USFWS 1989a). 31

The bunched cory cactus is restricted to the Bouquillas and Santa Elena limestone formation and 32 is distributed along cracks in rock ledges at edges of canyons and on hilltops in the lechuguilla 33 shrublands of the Chihuahuan Desert (USFWS 1979). In the northern part of its range, this 34 species is mostly confined to rocky, well-drained, and fully sunlit sites on steep canyon sides and 35 hill summits along the canyons of the Rio Grande. The elevation range for bunched cory cactus 36 is between 2,500 and 3,500 feet. This species is found in Texas near the Rio Grande in Brewster 37 and southern Terrell counties, and south into the adjacent state of Coahuila, Mexico 38 (NatureServe 2010a). It is known from about 25 sites, many within Big Bend National Park 39 (TPWD 2007). It is found primarily as widely scattered populations or individuals occurring in 40

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canyons along the Rio Grande from Mariscal Canyon in Brewster County, downriver to 1 Sanderson Canyon in Terrell County (USFWS 1989a). Five new sites recently accessed on 2 privately owned land south of Sanderson, Texas, suggest that plant populations might extend 3 even farther east than previously believed (CPC 2010). NatureServe data indicate that there are 4 23 records of elemental occurrence of bunched cory cactus within Brewster and Terrell counties, 5 Texas, and USGS topographic quadrangle maps Solis, San Vincente, Boquillas, Stillwell 6 Crossing, Bourland Canyon, Black Gap, Cupola Mountain, Las Vegas De Los Ladrones, Yellow 7 House Peak, Dove Mountain, Taylor Canyon, McCain Canyon, and Sanderson within the action 8 area (NatureServe 2010b). 9

Threats to the bunched cory cactus include collecting, small population numbers, patchy 10 distribution, and restricted habitat (USFWS 1979). 11

Chisos Mountain hedgehog cactus (Echinocereus chisoensis var. chisoensis). This is a short, 12 cylindrical cactus, reddish-maroon in color, that becomes greener in summer. The stems are 13 often singular, though they occasionally form clumps. Spines are relatively sparse and do not 14 completely obscure the stem. The flowers, colored various shades of pink, are quite distinctive 15 and appear from March to July (USFWS 1993a). 16

The Chisos Mountain hedgehog cactus can be found in low-elevation desert grasslands or 17 sparsely vegetated shrublands within the Chihuahuan Desert on alluvial flats at elevations 18 between 1,950 to 2,250 feet. It frequently grows on bare soil at the base of creosote bushes, and 19 also among the stems of dog cholla (Opuntia schotti). There are 11 known occurrences of 20 Chisos Mountain hedgehog cactus, consisting of fewer than 1,000 individuals (USFWS 1993a). 21 The overall range of this plant is limited to a very small area on the southeastern side of Big 22 Bend National Park in extreme southwestern Texas (NatureServe 2010a). Individual plants are 23 widely scattered over the desert floor, sometimes hundreds of yards apart, and well hidden at the 24 bases of creosote bushes and dog cholla (USFWS 1993a). The populations at Big Bend National 25 Park are extremely scattered, both between and among groups. Within the action area, 26 NatureServe provides records of 12 elemental occurrences of Chisos Mountain hedgehog cactus 27 within Brewster County and USGS topographic quadrangle maps San Vicente, Boquillas, Glen 28 Springs, Roy’s Peak, and Panther Junction (NatureServe 2010b). 29

Threats facing the Chisos Mountain hedgehog cactus include illegal collection by commercial 30 and private collectors and herbivory by jackrabbits and rodents that eat the flowers and fruits 31 during dry years. 32

Hinckley’s oak (Quercus hinckleyi). This is a dwarf, evergreen, multi-branched shrub which 33 forms thickets about 4 feet tall (TPWD 2007). It is characterized by its small stature; thicket-34 forming, intricate, multiple-branched stems; and gray-green color. The leaf blades are thick, 35 rounded with a spiny tip, and have 2 to 3 spiny teeth on each margin. Acorns are formed 36 annually in late August and early September (USFWS 1992). 37

Hinckley’s oak is found at middle elevations in Chihuahuan Desert scrub vegetation. It grows on 38 dry limestone slopes between 3,500 to 4,500 feet in elevation, in habitat that receives an average 39 of 10 inches of rain per year (CPC 2010). Hinckley's oak is found in desert shrublands in 40 Brewster and Presidio counties. Currently only 10 populations are known. Nine of these are in 41

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Big Bend Ranch State Park and the other is near Shafter, Texas (NatureServe 2010a, TPWD 1 2007). Most populations consist of less than 100 individuals and cover an area of less than 2 5 acres. The development of more arid climates is thought to have restricted the species to a few 3 sites within its old range of distribution, resulting in a patchy distribution of a few populations 4 with relatively few individuals (USFWS 1992). Within the action area, NatureServe provides a 5 record for 10 elemental occurrences of Hinckley’s oak within USGS topographic quadrangle 6 maps of Ernst Valley, Sue Peaks, McKinney Springs, Dagger Flat, Boquillas, The Solitairio and 7 Shafter. Nine of the occurrences are within Presidio County, and one is in Brewster County 8 (NatureServe 2010b). 9

Threats include reduction of suitable habitat, lack of genetic variety within individual stands, 10 predation, and collection (USFWS 1992). 11

Johnston’s frankenia (Frankenia johnstonii). This is a low, somewhat sprawling, perennial 12 shrub. Mature plants are rounded in appearance and approximately 12 to 18 inches high and 13 12 to 24 inches wide. The entire plant may be grayish-green or bluish-green most of the year, 14 turning rusty brown in late fall, when it is easily detected. The gray-green leaf surfaces are 15 haired, with salt crystals frequently visible on the underside of the leaves. Flowers are small, 16 with five slightly fringed or toothed white petals and a distinct yellow center. Flowering occurs 17 from April to November and is heavily dependent on precipitation (CBP 2008b). 18

Johnston’s frankenia generally grows on open or sparsely vegetated, rocky, gypseous hillsides or 19 saline flats. In Texas, this species is endemic to Webb, Zapata, and Starr counties, which all 20 occur within the action area. Johnston’s frankenia populations have a clumped distribution, 21 occurring in openings of the Tamaulipan thorn scrub where the plant thrives in a setting of high 22 light intensity (CBP 2008b). NatureServe provides a record for eight elemental occurrences of 23 Johnston’s frankenia within USGS topographic quadrangle maps Roma-Los Saenz West, Roma-24 Los Saenz East, Saline no, Arroyo Clarion, Beckwith Arm, Arroyo Salad West, Blanca's Creek 25 North, and Laredo South (NatureServe 2010b). 26

Threats include a severely restricted distribution, low numbers of individual plants, road 27 construction, residential development, and oil- and natural gas-related activities. This species 28 also has a very low reproductive potential (CBP 2008b). 29

Lloyd’s Mariposa cactus (Echinomastus mariposensis). This is a small succulent with 30 rounded, blue-green stems, partially covered by pinkish to chalky-blue spines. It produces 31 pinkish flowers from February to March that are as large as the stem. Light green spherical fruits 32 are formed in April and May beneath the topmost spines, and do not dry at maturity (CPC 2010). 33

Lloyd’s Mariposa cactus can be found in arid, gravelly, limestone-derived soils on gentle slopes, 34 primarily on the Boquillas Formation in the Chihuahua Desert between 2,500 to 3,500 feet 35 (NatureServe 2010a). Lloyd’s Mariposa cactus occurs as scattered individuals or occasionally as 36 dense concentrations on hills and ridges in three parts of the Big Bend Region of Texas. One 37 area occupies the southeastern corner of Brewster County, another area occupies the northeastern 38 portion of Big Bend National Park, and a third area occupies the eastern portion of Brewster 39 County north of Black Gap WMA (USFWS 1989b). Within the action area, NatureServe 40 provides a record for 23 elemental occurrences of Lloyd’s Mariposa cactus within Brewster 41

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County and USGS topographic quadrangle maps Ernst Valley, Boquillas, Roy’s Peak, Amarilla 1 Mountain, McKinney Springs, Black Gap, Bourland Canyon, Dagger Flat, Bone Spring NE, Las 2 Vegas De Los Landrones, Stillwell Mountain, Dove Mountain, Yellow House Peak, and Pine 3 Mountain West (NatureServe 2010b). 4

Threats to documented sites are related primarily to illegal collection, and several sites have been 5 extirpated by collectors (CPC 2010, NatureServe 2010a). Because coal and petroleum are also 6 found within its range, mining and drilling activities for such resources remain potential threats 7 (USFWS 1989b). 8

Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii). This is a spiny succulent 9 that typically grows as a single stem as tall as 5.1 inches and as thick as 3.5 inches. Within each 10 cluster of spines, one is distinctively hooked (NatureServe 2010b). The flowers, which last 11 approximately one week in mid-February to mid-March, are yellow and appear on the tips of the 12 current year’s tubercles (USFWS 1987b). The Tobusch fishhook cactus is found along stream 13 banks and loose gravel bars resulting from flooding and stream bank erosion. The species can 14 also be found in limestone uplands upon shallow, gravelly soil on top of limestone in seral 15 shortgrass grasslands (NatureServe 2010a). Associated vegetation communities include 16 live-oak-juniper woodlands (USFWS 2010a). 17

At the time of listing, there were less than 200 individual documented Tobusch fishhook cacti in 18 Bandera and Kerr counties. By 1985, new populations were discovered in Real, Kimble and 19 Uvalde counties. By 1999, the total known number of individual Tobusch Fishhook Cactus had 20 grown to 3,395 within Bandera, Edwards, Kerr, Kimble, Kinney, Real Uvalde and Val Verde 21 counties (USFWS 2010a). Within the action area, NatureServe provides a record for seven 22 elemental occurrences of Tobusch fishhook cactus within USGS topographic quadrangle maps 23 Anacacho, Odlaw, Clark Waterhole, Dolan Springs, and Telephone Canyon (NatureServe 24 2010a). Threats to the Tobusch fishhook cactus include real estate development, which limits 25 the possibility of prescribed burns and alters natural habitat (USFWS 2010a). 26

Sneed pincushion cactus (Coryphantha sneedii var. sneedii). These are cacti that form tight 27 clumps, sometimes with as many as 100 stems. The individual stems range from 1 to 3 inches 28 long and 0.5 to 1 inches in diameter and are often hidden by dense spines. The spines are 29 typically white and appear darker at the tips. The flowers, which bloom from April to 30 September, are 0.5 inches in diameter (USFWS 1986). 31

Sneed pincushion cactus habitat typically consists of dry limestone outcrops on rocky, steep, 32 slopes in semi-desert grasslands at elevations of 3,900 to 7,700 feet. Associated vegetation 33 consists of low-lying shrubs, rosette-forming perennials, cacti, and annual and perennial herbs. 34 Common soil characteristics between Sneed pincushion cactus locations are unknown. This 35 cactus is often found growing in cracks on vertical cliffs or ledges in Chihuahuan desert scrub 36 (USFWS 1986). Sneed pincushion cactus is presently known from the Franklin Mountains of 37 El Paso County, Texas, and Dona Aña and Eddy counties, New Mexico. Additional locations 38 include the southern edge of the Organ Mountains of New Mexico and the Guadalupe Mountains 39 of Texas and New Mexico (USFWS 1986). Within the action area, NatureServe provides a 40 record for five elemental occurrences of Sneed pincushion cactus within El Paso County, Texas, 41

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and within USGS topographic quadrangle maps of El Paso, Smeltertown, Canutillo, and North 1 Franklin Mountain (NatureServe 2010b). 2

Threats to Sneed’s pincushion cactus include habitat modification or destruction and collection 3 pressures. In addition, this species has a very restricted range. 4

South Texas Ambrosia (Ambrosia cheiranthifolia). This is a perennial herb belonging to the 5 sunflower family that ranges from 1 to 24 inches tall. The leaves are usually opposite at the 6 base, and alternate above. South Texas ambrosia is distinguished from related species within its 7 geographical range by its simple leaves and the ashy blue-gray color; however, this species is 8 easily obscured by taller native and introduced grasses (USFWS 1994a). 9

South Texas ambrosia grows at low elevations from 23 to 66 feet in open prairies and savannas 10 of south Texas, on soils varying from clay-loams to sandy-loams. It inhabits the Gulf Coastal 11 grasslands in clay soils derived primarily from the Beaumont clay series. This soil is typically 12 clay-loam to sandy-loam, usually deep clay soils and occasionally on wind-blown clay dunes 13 along streams. The species is considered rare or infrequent in the coastal prairies of the Rio 14 Grande Plains. South Texas ambrosia was known from 30 locations in Cameron, Jim Wells, 15 Kleberg, and Nueces counties, Texas; and one in Tamaulipas, Mexico. Three of these locations 16 are historical occurrences that have not been relocated: one each in Jim Wells and Cameron 17 counties, and Tamaulipas, Mexico. Currently, south Texas ambrosia occurs in 27 sites within 18 Kleberg and Nueces counties. Of these 27 sites, 3 are on state land, 13 on Federal land 19 (Kingsville Naval Air Station), and 11 on private land or in local jurisdictions in and around the 20 communities of Bishop (Nueces County), Kingsville (Kleberg County), and Robstown (Nueces 21 County), Texas. The species occurs primarily on private ranch lands that have not been 22 subjected to continuous mowing, plowing, or herbicide use. Suitable habitat for the south Texas 23 ambrosia probably exists in Kenedy and Willacy counties, based on the historical and presence 24 of the plants in Cameron and Nueces counties (USFWS 2010b). Within the action area, 25 NatureServe provides a record for one elemental occurrence of south Texas Ambrosia within 26 Cameron County and USGS topographic quadrangle map Olmito (NatureServe 2010b). 27

Major threats to south Texas ambrosia include destruction or modification of range through 28 agricultural practices, highway construction, urbanization, invasive exotic grasses, and decreased 29 genetic variability and viability through the loss or modification of habitat and fragmentation 30 (CBP 2010c). 31

Star cactus (Astrophytum cheiranthifolia). This is a spineless, dome or disk-shaped cactus up 32 to 6 inches in diameter and divided into eight symmetrical triangular segments. When soil 33 moisture is available to the plants, the stems expand up to 2 inches above the ground, and the star 34 cactus is usually a dull green color. During dry weather, the stems shrink into flat disks, the cacti 35 turn dull brown, and often become concealed under gravel. Flowers of the star cactus, appearing 36 from March to May, are yellow with orange centers. Fruits are green to grayish red and can be 37 hidden by tufts of hairs (USFWS 2003). 38

The star cactus occurs among sparse, low shrubs, grasses, and halophytic (salt-tolerant) plants on 39 dry upland sites. Soils are usually gravelly clays or loams, and typically contain high levels of 40 gypsum, salt, or other alkaline minerals. The star cactus can occur in full sun, or beneath the 41

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partial shade of low grasses and sub-shrubs, such as red grama (Bouteloua trifida), saladillo 1 (Varilla texana), and calderona (Krameria ramosissima). However, it does not tolerate the dense 2 shade of taller shrubs and trees. In the United States, 13 small populations are currently known 3 in Starr County, Texas, on Catahoula and Frio soils. Reliable historic records include similar 4 habitat types in Zapata and Jim Hogg counties. Other reports of star cactus from Hidalgo and 5 Cameron counties can be misleading; these anecdotal accounts do not indicate specific locations, 6 nor were voucher specimens deposited in any herbaria (USFWS 2003). Within the action area, 7 NatureServe provides a record for two elemental occurrences of star cactus within Starr County 8 and USGS topographic quadrangle maps Rio Grande City North and El Suaz (NatureServe 9 2010b). 10

Threats include collection, land clearing, introduced invasive species, habitat fragmentation, and 11 potential chemical contamination (USFWS 2003). 12

Terlingua Creek cat’s eye (Cryptantha carssipes). This is a silvery perennial that is 6 to 13 10 inches tall. It has a dense mound of silvery, hairy leaves that develop on top of a woody base. 14 The erect stems are hairy, bristly, and as tall as the plant. White flower clusters up to 1 inch in 15 diameter appear at the tips of the unbranched stems from March to May (USFWS 1993b). 16

Terlingua Creek cat's-eye grows in an arid, subtropical climate with cool, dry winters and hot, 17 dry summers. All known sites occur on the Fizzle Flat (i.e., a limestone formation within the 18 Badlands-Vieja association, characterized by hard, creamy yellow, platy, impure silty limestone 19 that breaks down into small, angular, uniform fragments). This species occurs on rounded, low 20 hills and gentle slopes at no particular aspect. Site elevations vary from 3,150 to 3,450 feet. 21 Vegetation cover is less than 10 percent. Most of the species present are shrubs and woody 22 perennials, and several have a low, rounded growth form (USFWS 1993b). 23

Plants are limited to an area of slightly greater than 100 square miles in the drainage of upper 24 Terlingua Creek in Brewster County. There are approximately 5,000 individuals in 25 10 unprotected populations on privately owned land. All of these populations are within a 26 100-square-mile area near Big Bend National Park, but not on park land. Populations occupy 27 sites from 5 to 500 acres (averaging about 100 acres), and numbers of individuals within 28 populations vary from 50 to approximately 2,000 (with an average of 450 individuals) (USFWS 29 1993b). Within the action area, NatureServe provides a record for eight elemental occurrences 30 of Terlingua Creek cat’s-eye within Brewster County and USGS topographic quadrangle maps 31 Packsaddle Mountain and Agua Fria Mountain (NatureServe 2010b). 32

Threats to Terlingua Creek cat’s-eye include habitat fragmentation and destruction (USFWS 33 1993b). 34

Texas ayenia (Ayenia limitaris). This is a perennial herb/shrub that reaches 2 to 5 feet tall. The 35 leaves are simple, alternate, and heart-shaped, and gradually narrow at the tip. The flowers, 36 which can appear year-round, are usually greenish, cream-colored, or light rosy pink in color. 37 The five-hooded petals have a slender claw that is more than 1 to 1.5 times as long as the 38 expanded part of the petal. The fruit is a five-celled, rounded capsule with short, curved, sharply 39 pointed prickles with very short hairs covering it (USFWS 1994a). 40

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Texas ayenia occupies dense subtropical woodland communities at low elevations. The current 1 population occupies a Texas Ebony-Anaqua (Pithecellobium ebano-Ehretia anacua) plant 2 community. This plant community occurs on well-drained riparian terraces with canopy cover 3 close to 95 percent. Species found in this community include la coma (Bumelia celastrina), 4 brasil (Condalia hookeri), granjeno (Celtis pollicki), and snake-eyes (Phaulothamnus 5 spinesceris). This plant is an endemic species of southern Texas and northern Mexico whose 6 historical range included Cameron and Hidalgo counties, Texas, and the states of Coahuila, 7 Nuevo Leon, and Tamaulipas in Mexico. The only known populations of Texas ayenia in the 8 United States are within Cameron, Hidalgo, and Willacy counties (USFWS 1994a). Within the 9 action area, NatureServe provides a record for six elemental occurrences of Texas ayenia within 10 Cameron County and USGS topographic quadrangle maps East Brownsville, West Brownsville, 11 Olmito, along with Hidalgo County and within quadrangle maps Progreso and Mercedes 12 (NatureServe 2010b). 13

Habitat loss and degradation from agriculture or urban development have reduced the Texas 14 Ebony-Anaqua vegetation community by greater than 95 percent. Texas ayenia has been 15 reduced to one known population of 20 individuals that is extremely vulnerable to extinction 16 (USFWS 2010c). 17

Texas snowbells (Styrax platanifolius ssp. texanus). This is deciduous, multi-stemmed, woody 18 shrub that averages approximately 10 feet in height. In the spring, pendulous racemes of long 19 white flowers are produced. This species prefers moist habitats including river drainages, 20 canyons, and draws on the Edwards Plateau. These habitats do not necessarily have to have 21 surface water to support the species, as many of these sites have sub-surface water or collect 22 runoff. Most of these populations have been observed in areas where the plants receive partial 23 shade during the day. The plant is known to occur on both vertical cliffs and level terrain 24 (USFWS 2008a). 25

Texas snowbells are presently known to exist within Edwards, Real, and Val Verde counties in 26 22 natural populations with one to several hundred individuals per population. It is believed that 27 the total number of individuals is less than 1,000 (USFWS 2008a). Within the region of 28 analysis, NatureServe provides a record for four elemental occurrences of Texas snowbells 29 within Val Verde County and USGS topographic quadrangle maps Dolan Springs and Telephone 30 Canyon (NatureServe 2010b). Some of the main threats include habitat alteration as a result of 31 overgrazing, fire suppression, and brush clearing (USFWS 2008a). 32

Walker’s manioc (Manihot walkerae). This is a vine-like perennial herb that can reach up to 33 6 feet tall. The leaves of this species have up to five lobes. It is found in semi-arid subtropical 34 brush in extreme south Texas and neighboring Tamaulipas, Mexico. Flowering occurs from 35 April to September. Male flowers are about 0.5 inches long, white with light purple streaks, and 36 are almost tubular in shape (USFWS 1993c). 37

Walker’s manioc usually grows among low shrubs, native grasses, and herbaceous plants, either 38 in full sunlight or in the partial shade of shrubs. Currently, 10 populations (five in Starr County 39 and five in Hidalgo County) of Walker’s manioc exist in Texas. These populations occur on 40 private and public lands. Within the action area, NatureServe provides a historical record of five 41 elemental occurrences of Walker’s manioc occurring within Starr and Hidalgo counties. Two 42

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occurrences exist in Starr County within USGS topographic quadrangle maps La Grula and Rio 1 Grande City North. Three occurrences exist in Hidalgo County within USGS topographic 2 quadrangle map Mission (NatureServe 2010b). 3

More than 95 percent of Walker’s manioc native brush habitat has been cleared in the United 4 States for agriculture, urban development, and recreation. The United States population has been 5 reduced to a few scattered plants, making the species vulnerable to extinction (USFWS 1993c). 6

Zapata bladderpod (Lesquerella thamnophila). This is a silvery-green, herbaceous perennial 7 of the Brassicaceae (Mustard) family. The flower, which appears from February to April, is a 8 loose raceme of yellow petals that appear after sufficient rainfall. The fruit is small, round, and 9 inflated like a tiny bladder, and measures approximately 0.08 to 0.3 inches in diameter (USFWS 10 2004). 11

The Zapata bladderpod occurs on graveled to sandy-loam upland terraces above the Rio Grande 12 floodplain. It is associated with highly calcareous sandstones and clays. The bladderpod is a 13 component of an open Texas sage–guajillo (Leucophyllum frutescens – Acacia berlandieri) 14 shrubland alliance. The shrublands are sparsely vegetated and include the following species: 15 blackbrush acacia (Acacia ridigula), mesquite (Prosopis sp.), desert hackberry (Celtis pallid), 16 Spanish dagger (Yucca treculeana), lotebush (Zizyphus obtusifolia), and Texas lignum-vitae 17 (Guaiacum angustifolium). This plant is endemic to southern Texas and possibly northern 18 Mexico. Four populations are known in Starr County: two populations are found on the Lower 19 Rio Grande Valley NWR and two occur on private land. Three populations are known from 20 Zapata County: two are on highway ROWs between the towns of Zapata and Falcon, and another 21 lies near Falcon Lake (USFWS 2004). Critical habitat has been designated for Zapata 22 bladderpod (65 FR 81181–81212) and occurs within the action area. Within the action area, 23 NatureServe provides a record for five elemental occurrences of Zapata bladderpod within Starr 24 County and USGS topographic quadrangle maps Roma-Los Saenz West and Falcon Village. 25 NatureServe also provides one record of Zapata bladderpod within Zapata County and USGS 26 topographic quadrangle Zapata SE (NatureServe 2010b). 27

Habitat modification and destruction from increased road and highway construction and urban 28 development; increased oil and gas exploration and development; and conversion of plant 29 communities to improve pastures, overgrazing, and vulnerability due to low population numbers 30 are all threats to the Zapata bladderpod (USFWS 2004). 31

Big Bend gambusia (Gambusia gaigei). This is a relatively small, live-bearing fish from the 32 Poeciliidae. It is approximately 2 inches long at maturity. This species is yellowish with a faint 33 lateral stripe, a bar beneath the eye, and a faint chin bar. Currently, the only wild population 34 exists in a protected pond in Big Bend National Park. Although this population exists in open 35 water with depths in excess of 3.3 feet, the Big Bend gambusia is most abundant among 36 vegetation near the shore (USFWS 1984). All present populations of Big Bend gambusia are 37 descendants of three fish (two males and one female) taken from the declining Rio Grande 38 Village population in 1956. Within the action area, NatureServe provides a record of one 39 elemental occurrence in Brewster County and USGS topographic quadrangle map Boquillas 40 (NatureServe 2010b). 41

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The Big Bend gambusia is threatened by runoff and flooding of the Rio Grande after heavy rains, 1 which increases sediment deposition in the habitat and increases the likelihood that competitors 2 will invade. Water diversions and decreased groundwater levels have decreased the flow from 3 the springs. In addition, the Big Bend gamubsia is also susceptible to cold winters (USFWS 4 1984). 5

Devils River minnow (Dionda diaboli). This is a small fish within the minnow family that 6 reaches sizes of 1.0 to 2.1 inches. The species has a narrow head and prominent dark markings 7 on the scale pockets of the body above the lateral line, producing a cross-hatched appearance 8 when viewed from above (USFWS 1995). 9

The Devils River minnow is generally associated with channels of fast-flowing, spring-fed 10 waters over gravel substrates. This species is most often found where spring flow enters a 11 stream, as opposed to the spring outflow itself. The Devils River minnow is native to tributary 12 streams of the Rio Grande within Val Verde and Kinney counties, Texas, and Coahuila, Mexico. 13 Historically the species occupied the Devils River, San Felipe Creek, Sycamore Creek, Las 14 Moras Creek, and two bodies of water in Mexico: Rio San Carlos and Rio Salado drainage. The 15 Devils River minnow was first discovered in the late 1950s within Las Moras Creek in 16 Bracketville, Texas. Today, the species is believed to have been extirpated from Las Moras 17 Creek, Rio San Carlos, and lower portions of the Devils River. A new population of Devils 18 River minnow was discovered in 2001 in the headwaters of Pinto Creek in Kinney County 19 (USFWS 1995). Currently the Devils River minnow occurs in only three streams in Kinney and 20 Val Verde counties, Texas: Devils River, San Felipe Creek, and Pinto Creek (USFWS 2008b). 21 Critical habitat has been designated for Devils River minnow (73 FR 46987–47026); and occurs 22 within the action area. Within the action area, NatureServe provides a record for four elemental 23 occurrences of Devil’s River minnow within Kinney County and USGS topographic quadrangle 24 maps Del Rio SE and Bracketville. Records of occurrences also exist in Val Verde County, 25 Texas, and within USGS topographic quadrangle maps Del Rio SW, Del Rio, NE Del Rio NW 26 Counties, Bakers Crossing, Sycamore Canyon, Telephone Canyon, Dolan Springs, and Clark 27 Waterhole (NatureServe 2010b). 28

Threats to the Devils River minnow include range reduction due to the loss of habitat, the decline 29 of spring flows, water quality degradation, stream channel modifications, and habitat degradation 30 in Mexico (USFWS 1995). 31

Rio Grande silvery minnow (Hybognathus amarus). This is a small, heavy-bodied minnow 32 with small eyes and a small, oblique mouth. Currently the only naturally occurring population is 33 located in New Mexico. The Rio Grande silvery minnow was introduced into the Rio Grande in 34 Presidio, Brewster, and Terrell counties as a nonessential, experimental population in December 35 2008 (USFWS 2010d). The geographic boundaries of this population range from Little Box 36 Canyon downstream of Fort Quitman (Hudspeth County) through Big Bend National Park and 37 the Rio Grande Wild and Scenic River, to Amistad Dam (Val Verde County). In addition, this 38 population was reintroduced on the Pecos River from the river’s confluence with Independence 39 Creek to its confluence with the Rio Grande. Due to the fact that this species occurs within a 40 national park, this species would be treated as a threatened species, and Section 7 (a)(1) and the 41 consultation requirements of Section 7(a)(2) of the ESA apply (USFWS 2008c). NatureServe 42

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data indicate that there are no records of elemental occurrence of Rio Grande silvery minnow in 1 the action area (NatureServe 2010b). 2

Threats to the Rio Grande silvery minnow include destruction and modification of habitat due to 3 diversion and dewatering, water impoundment, and channelization within the Rio Grande basin. 4 In addition, competition and predation by introduced nonnative species and water pollution 5 contribute to the decline of this species (USFWS 2010a). 6

Black-capped vireo (Vireo atricapilla). This is a small, insectivorous songbird with 7 conspicuous white rings about the eyes. Adults have olive upperparts, a white breast and belly 8 with yellowish flanks, and yellowish wing bars. The head is black in adult males and gray in 9 adult females (USFWS 1987c). 10

Nests are constructed in twig forks of small trees or shrubs usually 17.7 to 36.2 inches above 11 ground. Foliage that extends to ground level is considered to be an important aspect for nesting 12 success (USFWS 1987c). Males tend to return to their former breeding territory each year 13 (NatureServe 2010a). This species generally prefers habitats that have scattered, early 14 successional, woody vegetation separated by bare ground, rocks, and scattered forbs. Many 15 black-capped vireo territories are on steep slopes, such as the heads of ravines or along the sides 16 of arroyos (USFWS 1987c). 17

The black-capped vireo migrates between western coastal Mexico in the winter, and central to 18 northern Texas into Oklahoma in the spring. It usually arrives in the Texas nesting range from 19 late March to mid-April (USFWS 1987c). The black- capped vireo is known to breed across 20 38 counties in Texas between March and July and migrate back to Mexico wintering grounds by 21 September (USFWS 2007). Metapopulations have been identified in canyons traversing from 22 the upper bend of the Rio Grande and include canyons of the Devil’s River. Counties along the 23 Rio Grande where breeding populations have been identified include Brewster, Kinney, Terrell, 24 and Val Verde. Localities have recently been documented within these four counties. In 25 Brewster County, black-capped vireos have been identified in the Chisos Mountains, Big Brushy 26 Canyon, Glass Mountains, and Big Bend National Park. In Kinney County, the species has been 27 found at Kickapoo Caverns State Park. Terrell County sightings include the mouth of 28 Independence Creek and Sanderson Canyon 5 miles west of Sanderson, Texas. In Val Verde 29 County, the species has been identified at Howard Draw North of Pandale, Texas; the Highway 30 163 crossing of Devil’s River South of Juno; and the Devil’s River State Natural Area (USFWS 31 1991). Currently, the known population size is more than 6,200 pairs, and total population size 32 could be much larger than this (NatureServe 2010a). 33

NatureServe data indicate there are 20 records of elemental occurrence of the black-capped vireo 34 in the action area. These occurred within the boundaries of the Baker’s Crossing, Black Gap, 35 Clark Waterhole, Dagger Flat, Dolan Springs, Emory Peak, Sanderson, Satan Canyon, Sycamore 36 Canyon, Telephone Canyon, and the Basin USGS topographic quadrangle maps. The most 37 recent record of an elemental occurrence in the action area was in 2003 (NatureServe 2010b). 38

Black-capped vireos are susceptible to nest parasitism by brown-headed cowbirds, which could 39 reduce nesting success by 80 to 100 percent in some areas. Other threats to this species include 40

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habitat loss, habitat degradation resulting from fire suppression, and overbrowsing by domestic 1 livestock (NatureServe 2010a). 2

Southwestern willow flycatcher (Empidonax traillii extimus). The southwestern willow 3 flycatcher is a small neotropical migratory bird that nests in dense areas of trees and shrubs in 4 riparian habitats. This species arrives at its breeding grounds in early May and can stay as late as 5 September. Nesting occurs from June through late July (USFWS 2002). 6

Southwestern willow flycatchers breed in patchy and dense riparian habitat adjacent to streams 7 or other wetlands, near surface water, or in areas underlain by saturated soil. Tree and shrub 8 species that are common in nesting habitat include willow (Salix spp.), seepwillow (Baccharis 9 spp.), boxelder (Acer negundo), stinging nettle (Urtica spp.), blackberry (Rubus spp.), 10 cottonwood (Populus spp.), arrowweed (Tessaria sericea), tamarisk (Tamarix spp.), and Russian 11 olive (Eleagus angustifolia). Historically, the southwestern willow flycatcher was known to 12 breed in southern California, southern Nevada, southern Utah, Arizona, New Mexico, western 13 Texas, southwestern Colorado, and northwestern Mexico. Historically in Texas, this species is 14 known to occur and breed within the Trans-Pecos region of western Texas. Breeding flycatchers 15 have been reported from Fort Hancock on the Rio Grande, Davis Mountains, Big Bend National 16 Park, and Guadalupe Mountains, Texas. Currently in Texas, the status of this species is 17 unknown and no recent surveys have been conducted (USFWS 2002). 18

NatureServe data do not indicate that there are any records of elemental occurrence of 19 southwestern willow flycatcher in the action area (NatureServe 2010b). However, portions of 20 the defined Recovery Unit for the southwestern willow flycatcher are within the action area. The 21 Rio Grande Recovery Unit encompasses the Rio Grande watershed from its headwaters in 22 southwestern Colorado to the Pecos River in southwestern Texas. This unit includes the Pecos 23 River watershed and one site at Coyote Creek, in the upper Canadian River watershed (USFWS 24 2002). 25

Southwestern willow flycatcher populations are threatened by destruction, modification, 26 curtailment of its habitat or range, or disease and predation. However, the primary cause of 27 decline is loss and modification of habitat from dams and reservoirs, diversions and groundwater 28 pumping, livestock grazing, recreation, fire, agricultural development, urbanization, and 29 introduction of exotic species. In addition, the brown-headed cowbird (Molothrus ater) 30 populations have increased due to agricultural practices and livestock grazing (USFWS 2002). 31

Yellow-billed cuckoo (Coccyzus americanus). This is a medium-sized, neotropical migrant 32 bird that winters in South America and breeds in North America. Adults are approximately 12 33 inches long, and weigh approximately 2 ounces. This bird has a fairly stout and slightly 34 down-curved bill, a somewhat elongated body, a long-tailed profile, and a narrow yellow ring of 35 colored bare skin around the eye. The plumage is loose and grayish-brown above, white below, 36 and reddish primary flight feathers. The tail feathers are boldly patterned with black and white 37 below. The western yellow-billed cuckoo generally nests from mid-June to late August (USFWS 38 2013a). 39

The western yellow-billed cuckoo nests in low to moderate elevation riparian woodlands that 40 cover 50 acres or more in arid or semiarid landscapes. These woodlands often consist of 41

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willows, cottonwoods, mesquite, and tamarisk. Nests are generally placed in willows, alder 1 (Alnus spp.), cottonwood, mesquite, walnut (Juglans spp.), box elder, sycamore (Platanus spp.), 2 and tamarisk. Most nests are placed on well-foliaged horizontal branches at sites with dense 3 canopy cover above the nest. Migratory habitat can consist of a variety of vegetation types 4 including coastal scrub, secondary growth woodlands, hedgerows, humid lowland forests, forest 5 edges, and riparian patches that are smaller, an approximate minimum of 5 acres, than those 6 required for nesting (USFWS 2013a). 7

The yellow-billed cuckoo breeds in both the eastern and western United States. The proposed 8 rule to designate the distinct population segment of the yellow-billed cuckoo as a threatened 9 species under the ESA only covers the western population. The geographical breeding range of 10 the yellow-billed cuckoo in western North America includes suitable habitat within low- to 11 moderate-elevation areas west of the crest of the Rocky Mountains in Canada and the United 12 States. This breeding range includes the upper and middle Rio Grande, the Colorado River 13 Basin, the Sacramento and San Joaquin River systems, the Columbia River system, and the 14 Fraser River. Under the current proposed rule the separation of the western population segment 15 of the yellow-billed cuckoo is considered the Continental Divide, south through Montana, 16 Wyoming, and Colorado, and the watershed divide between the Pecos and Rio Grande rivers in 17 New Mexico and Texas, south to Big Bend in southwestern Texas, and extending to the states of 18 the west coast. This separation in Texas follows isolated mountain ranges that emerge from the 19 high desert plateau of western Texas. These mountain ranges include the Guadalupe and 20 Delaware mountains on the Texas-New Mexico border; the Davis, Del Norte, and Santiago 21 mountains in western Texas; and the Chisos Mountains in Big Bend National Park. The distance 22 of separation between the yellow-billed cuckoos in the eastern and western United States varies 23 from 160 miles to more than 400 miles, and consists of areas of unoccupied, unsuitable habitat 24 for the breeding yellow-billed cuckoo. The one exception to this distance occurs in southwestern 25 Texas in Brewster County. Here, eastern yellow-billed cuckoos breed as far west as Rio Grande 26 Village in Big Bend National Park, whereas western yellow-billed cuckoos are found 27 approximately 50 miles west, upstream along the Rio Grande. The current population of the 28 western yellow-billed cuckoo in western Texas is likely fewer than 10 pairs (USFWS 2013a). 29 Texas Natural Resource Diversity Database indicates that there are no records of elemental 30 occurrence of yellow-billed cuckoo in the action area (TPWD 2014). 31

Threats to the western population of the yellow-billed cuckoo include the destruction, 32 modification, and curtailment of its habitat or range; the overutilization for commercial, 33 recreational, scientific, or educational purposes; disease or predation; the inadequacy of existing 34 regulatory mechanisms; and other natural or man-made factors affecting its continued existence 35 (i.e., small and widely separated habitat patches and pesticides). The alteration (through dams, 36 channelization, water extraction) of rivers and streams of western North America has created or 37 contributed to almost all of these known threats to the yellow-billed cuckoo (USFWS 2013a). 38

Mexican long-nosed bat (Leptonycteris nivalis). This is a medium-sized bat, approximately 39 3 to 4 inches long, having a moderately long snout with a small triangular nose leaf at the tip. 40 Mexican long-nosed bats occupy mid- to high-elevation desert scrub, open conifer-oak 41 woodlands, and pine forest habitats in the Upper Sonoran Desert. They are one of the most 42 arid-adapted members of the Glossophaginae subfamily. Colonies roost in caves, mines, tunnels, 43 and sometimes in culverts, hollow trees, or unused buildings (NatureServe 2010a). The only 44

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colonial roost in the United States is a cave at Mount Emory Peak, at an elevation of 7,500 feet, 1 in Big Bend National Park. The Mount Emory Peak cave is a shallow fault block cave with a 2 small crumbling entrance in which roosting occurs in an upper level on a high ceiling. It is also 3 described as having considerably cooler air inside than outside during the summer and a breeze 4 blowing through at all times (USFWS 1994b). 5

The Mexican long-nosed bat is known occur from mid to high elevations between 1,500 to 6 9,300 feet throughout its range, which includes northern and central Mexico, southwestern 7 Texas, and southwestern New Mexico. In Texas, the Mexican long-nosed bat is known from Big 8 Bend National Park and from the Chinati Mountains area (USFWS 1994b). 9

The migratory path and nature of this species is not well-known. There are no references in the 10 literature of roosts that are occupied year round, or whether seasonally occupied roosts are 11 occupied by the same colony when they return. A particular colony might use one or more 12 winter roosts, several migratory roosts, and still other summer roosts. Food resource availability 13 probably drives this bat’s migratory nature. It is speculated that Mexican long-nosed bats are 14 nomadic, taking advantage of peaking food sources as they travel to traditional sites. The 15 sporadic use of Mount Emory Peak cave in Big Bend National Park could reflect use in years 16 when flower production is low in Mexico. Conversely, bats might not move into Big Bend 17 National Park if flower production in northern Mexico is abundant (USFWS 1994b). 18 NatureServe data indicate there are two records of elemental occurrence of Mexican long-nosed 19 bats within the Emory Peak and Center Peak USGS topographic quadrangle map (NatureServe 20 2010b). 21

Modification or destruction of roost sites and foraging habitat are probably the major threats. 22 Other threats include pesticides, competition for roosts and nectar, natural catastrophes, disease, 23 and predation (USFWS 1994b). 24

Gulf Coast jaguarundi (Puma yagouaroundu cacomitli). This is a small, slender-bodied, 25 long-tailed, unspotted, weasel-like cat that hunts during the early morning and evening. It has a 26 long, flat head with short and rounded ears, and is one of the few cat species that does not have a 27 contrasting color on the backs of the ears. Its eyes are small and set closely together. The 28 jaguarundi has two distinct color phases, red and gray, although the latter phase has also been 29 called blue. A third color phase, black, has also been reported, but apparently does not occur in 30 Texas (USFWS 2013b). 31

The habitat of the jaguarundi is similar to the ocelot and is found within the Tamaulipan Biotic 32 Province, which includes several variations of subtropical thornscrub brush. Typical habitat 33 consists of mixed thornscrub species which include the following: brasil, desert yaupon 34 (Schaefferia cuneifolia), wolfberry (Lycium berlandieri), lotebush, amargosa (Castela erecta), 35 white-brush (Aloysia gratissima), catclaw acacia (Acacia greggii), blackbrush acacia, lantana 36 (Lantana achyranthifolia), guayacan (Guajacum angustifolium), cenizo (Leucophyllum 37 frutescens), elbowbush (Forestiera angustifolia), and Texas persimmon (Diospyros texana). 38 Trees that might be included within the thornscrub include mesquite, live oak (Quercus sp.), 39 Texas ebony (Ebenopsis ebano), and hackberry (Celtis laevigata). Riparian areas and 40 bunchgrass pastures with intermixed thornbrush are also used by the jaguarondi. The historical 41 range of the Gulf Coast jaguarundi is from the Lower Rio Grande Valley in southern Texas into 42

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the eastern portion of Mexico in the states of Coahuila, Nuevo Leon, Tamaulipas, San Luis 1 Potosi, and Veracruz. In Texas, jaguarundis historically were limited to Cameron, Hidalgo, 2 Willacy, and Starr counties. No historical records of jaguarundis have been documented north of 3 the Rio Grande Valley of Texas. The last confirmed sighting of this subspecies within the 4 United States was in April 1986, when a road-killed specimen was collected 2 miles east of 5 Brownsville (USFWS 2013b). 6

NatureServe data indicate there are 17 records of elemental occurrence of jaguarundi in the 7 action area. These occurred within the boundaries of the Southmost, East Brownsville, West 8 Brownsville, San Juan SE, Las Milpas, Santa Maria, La Paloma, Mission, La Joya, Sullivan City, 9 Falcon Village, Carrizo Springs East, Carrizo Springs West, El Indio and Deadman’s Hill USGS 10 topographic quadrangle maps. The most recent record of an elemental occurrence in the action 11 area was in 1993 (NatureServe 2010b). The greatest threat to jaguarundi populations in the 12 United States is habitat loss and fragmentation (USFWS 2013b). 13

Ocelot (Leopardus pardalis). This is a medium-sized nocturnal cat, measuring up to 3 feet long 14 and weighing twice as much as a large domestic cat. It is slender and covered with attractive, 15 irregular-shaped rosettes and spots that run the length of its body. The ocelot’s background color 16 can range from light yellow to reddish-gray, to gold, and to a grayish-gold (USFWS 2010e). 17

The ocelot uses a wide range of habitat throughout its range in the Western Hemisphere, 18 although they do not appear to be habitat generalist. The ocelot is found within the Tamaulipan 19 biotic province, which includes several variations of subtropical thornscrub brush. Ocelots 20 prefer dense thornscrub habitats with greater than 95 percent canopy cover (USFWS 2010e). 21 The historical range of the ocelot in the United States was much more extensive than the cats 22 currently known range. In Texas, the ocelot once inhabited southern and eastern Texas, north to 23 Hedley, Texas and west to Marfa, Texas. Currently, the ocelot ranges from extreme southern 24 Texas and southern Arizona through the coastal lowlands of Mexico to Central America, 25 Ecuador and northern Argentina. The Texas ocelot is isolated from the Arizona ocelot by the 26 Sierra Madre highlands and the Mexican Plateau. The two Texas populations occur on private 27 ranches in Willacy and Kenedy counties and on the Laguna Atascosa NWR in eastern Cameron 28 County. These populations and are isolated from each other by approximately 19 miles and 29 occupy remnant habitat fragments outside of the action area (USFWS 2010e). NatureServe data 30 indicate there are nine records of elemental occurrence of ocelot in the action area. These 31 occurred within the boundaries of the Southmost, East Brownsville, Las Milpas, La Joya, Eagle 32 Pass NE, Deadman’s Hill, Quemado SE, and Brackettville USGS topographic quadrangle maps. 33 The most recent record of an elemental occurrence in the action area was in 1993 (NatureServe 34 2010b). 35

Threats to ocelot include the destruction, modification, and curtailment of suitable habitat or 36 range and illegal hunting. Habitat loss and degradation have been contributed to deforestation, 37 agriculture, and ranching. Habitat loss and fragmentation, especially along the Rio Grande, pose 38 a critical threat to the long-term survival of the ocelot. Efforts are underway to preserve key 39 habitat and biological corridors necessary for ocelot survival (USFWS 2010e). 40

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3.6.3 Environmental Consequences 1

Effects on threatened and endangered species would be significant if the species or habitats are 2 adversely affected over relatively large areas. The significance of effects on threatened and 3 endangered species is based on the following: 4

Permanent loss of occupied, critical, or other suitable habitat 5

Temporary loss of critical habitat that adversely affects recolonization by threatened or 6 endangered benthic resources 7

Take (as defined under ESA) of a threatened or endangered species. 8

3.6.3.1 Alternative 1: Proposed Action 9

In general, short- and long-term, negligible to minor, direct and indirect, adverse effects on 10 terrestrial and aquatic threatened and endangered species would occur from the Proposed Action. 11 Impacts would be similar to those described for vegetation and terrestrial and aquatic wildlife 12 resources, which includes their habitats (see Sections 3.4 and 3.5). Adverse impacts on 13 threatened and endangered species would be avoided and minimized by using appropriate BMPs 14 (see Appendix E). 15

Impact determinations were based on the following factors. 16

The Proposed Action involves the maintenance and repair of existing tactical 17 infrastructure. Those activities would be conducted within and adjacent to the footprint 18 of that infrastructure. 19

CBP would use a centralized maintenance and repair planning process to ensure that 20 program activities are appropriately planned and implemented. 21

CBP would implement design standards and BMPs to avoid harming or harassing 22 protected species and to minimize other direct and indirect effects. 23

When appropriate, surveys would be conducted prior to implementing maintenance and 24 repair activities such as vegetation control within critical habitat, occupied habitat, or 25 other suitable habitat. 26

The program would result in no or very minor habitat degradation and other direct and 27 indirect impacts on threatened and endangered species; therefore, any contribution to the 28 cumulative adverse effects of future non-Federal activities in the region would be 29 negligible. 30

CBP would seek approval or additional consultation from the USFWS for activities that 31 have the potential to harm protected species or adversely modify their critical habitat. 32

Terrestrial Threatened and Endangered Species 33

Plant Species. Short-term, negligible, indirect, adverse effects on ashy dogweed, bunched cory 34 cactus, Chisos Mountain hedgehog cactus, Lloyd’s Mariposa cactus, Johnston’s frankenia, 35 Tobusch fishhook cactus, Sneed pincushion cactus, star cactus, Hinckley’s oak, South Texas 36

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ambrosia, Terlingua Creek cat’s eye, Texas ayenia, Texas snowbells, Walker’s manioc, and 1 Zapata bladderpod would be expected as a result of the Proposed Action. These species and 2 suitable habitat for each species is known to occur within the action area. Vegetation control 3 could result in conversion or degradation of habitat because of the establishment of different 4 plant communities (including invasive species) and erosion and sedimentation. However, 5 maintenance and repair activities would be conducted within and adjacent to the footprint of 6 existing tactical infrastructure. For those activities conducted outside of disturbed areas or 7 within disturbed areas where threatened and endangered plant species could occur, surveys 8 would be conducted and other BMPs would be implemented to avoid directly harming plants and 9 to minimize sedimentation and other indirect effects on these species. For example, all 10 vegetation-control activities would avoid areas of known threatened and endangered plant 11 species, suitable habitat (see Table 3-2), and critical habitat, unless a survey is conducted. If 12 vegetation-control activities in areas of known occurrences of these species, suitable habitat, and 13 critical habitat are unavoidable then a qualified biologist would conduct a survey during the 14 appropriate blooming season (see Table 3-2). Individuals would be flagged and vegetation 15 control would avoid flagged individuals. Pre-activity surveys would not be required in areas that 16 have been previously surveyed, where no listed species were found, and that have been 17 subsequently maintained such that there is no reason to expect establishment of listed plant 18 species. 19

Fish Species. Short-term, negligible, direct and indirect, adverse effects on Big Bend gambusia, 20 Devils River minnow, and Rio Grande silvery minnow would be anticipated due to maintenance 21 and repair activities. Direct effects such as disturbance or habitat degradation would be 22 associated with in-water maintenance activities, and activities designed to maintain drainage 23 structures and low-water crossings (e.g., cleaning blocked drainages, resizing and replacement of 24 culverts, repairing or adding riprap, removing debris and trash, and repairing grates). Indirect 25 effects, such as erosion and sedimentation, would be associated with the vegetation control and 26 near-water activities. However, maintenance and repair activities would be conducted within 27 and immediately adjacent to existing disturbances and BMPs would be implemented to minimize 28 or avoid direct and indirect effects. For example, all vegetation-control activities would avoid 29 riparian vegetation within 100 feet of known occurrences, suitable habitat for Big Bend 30 gambusia (i.e., spring habitats in the vicinity of Boquillas Crossing and Rio Grande Village 31 [Big Bend National Park]), Devils River minnow (i.e., channels of fast-flowing, spring-fed 32 waters over gravel substrates in Val Verde and Kinney counties, Texas), and Rio Grande silvery 33 minnow (i.e., areas of low to moderate water velocity in Big Bend National Park), or critical 34 habitat, to provide a buffer area to protect the habitat from sedimentation. Additionally, 35 herbicides would not be used within 100 feet areas of known occurrences, suitable habitat, and 36 critical habitat for the Big Bend gambusia, Devils River minnow, and Rio Grande silvery 37 minnow unless approved by the USFWS. 38

Black-capped vireo. Short-term, negligible, direct and indirect, adverse effects on the 39 black-capped vireos would be expected. Direct effects include habitat conversion or degradation 40 from road maintenance and vegetation control, and disruption or modification of behavior 41 (including nesting) resulting from noise or other disturbances during maintenance and repair 42 activities. Indirect effects include habitat degradation from establishment of nonnative plant 43 species and from erosion and sedimentation. However, activities would occur within or adjacent 44 to existing footprints of tactical infrastructure. Additionally, BMPs would be implemented to 45

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minimize or avoid impacts on black-capped vireo and its habitat. For example, all vegetation 1 control in defined black-capped vireo habitat would be avoided from March 15 to September 15. 2 Black-capped vireo habitat is defined as areas of known occurrence or suitable habitat (i.e., low 3 deciduous shrubland areas with 30 to 60 percent cover in the Edwards Plateau and eastern 4 Trans-Pecos). If vegetation control is required near or adjacent to defined black-capped vireo 5 habitat, qualified personnel with experience identifying black-capped vireo habitat would 6 delineate and clearly mark the habitat to be avoided. High-impact maintenance and repair 7 activities that require heavy equipment within defined black-capped vireo habitat should be 8 conducted from October through February, outside the nesting season, to the extent possible. If 9 it is not possible to avoid maintenance and repair activities within the breeding season, USFWS-10 permitted biologist would conduct a survey for black-capped vireo. If black-capped vireos are 11 present, a USFWS-permitted biologist would survey for nests approximately once per week 12 within 500 feet of the maintenance or repair area for the duration of the activity. If an active nest 13 is located, a 300-foot, no-activity buffer would be established around the nest until the young 14 have fledged. 15

Southwestern willow flycatcher and yellow-billed cuckoo. Short-term, negligible, direct and 16 indirect, adverse effects on the southwestern willow flycatcher and yellow-billed cuckoo would 17 be expected. Direct effects include habitat conversion or degradation from road maintenance and 18 vegetation control, and disruption or modification of behavior (including nesting) resulting from 19 noise or other disturbances during maintenance and repair activities. Indirect effects include 20 habitat degradation from establishment of nonnative plant species and from erosion and 21 sedimentation. However, activities would occur within or adjacent to existing footprints of 22 tactical infrastructure. Additionally, BMPs would be implemented to minimize or avoid impacts 23 on southwestern willow flycatcher and yellow-billed cuckoo and their habitat. For example, all 24 vegetation control in riparian habitats would be avoided, if possible. If vegetation control is 25 required near or adjacent to occupied southwestern willow flycatcher and yellow-billed cuckoo 26 habitat, critical habitat, and suitable habitat (i.e., dense riparian habitats along streams, rivers, 27 lakesides, and other wetlands), qualified personnel with experience identifying southwestern 28 willow flycatcher and yellow-billed cuckoo habitat would delineate and clearly mark the habitat 29 to be avoided. In addition, vegetation control would be conducted from September 16 through 30 March 14, outside the southwestern willow flycatcher and yellow-billed cuckoo breeding season. 31 All other maintenance activities would be avoided within occupied southwestern willow 32 flycatcher and yellow-billed cuckoo habitat, critical habitat, and suitable habitat during the 33 southwestern willow flycatcher breeding season (March 15 through September 15), if possible. 34 If it is not possible to avoid maintenance activities within the breeding season, an 35 USFWS-permitted biologist would conduct a survey for southwestern willow flycatchers and 36 yellow-billed cuckoos prior to initiating maintenance or repair activities. If these birds are 37 present, a USFWS-permitted biologist would survey for nests approximately once per week 38 within 500 feet of the maintenance or repair area for the duration of the activity. If an active nest 39 is found, a 300-foot, no- activity buffer would be established around the nest until the young 40 have fledged. 41

Mexican long-nosed bat. Short-term, negligible, direct, adverse effects on lesser long-nosed bat 42 are anticipated from the Proposed Action. Direct effects on Mexican long-nosed bats would be 43 caused by vegetation control of forage plants (agaves) or potential disturbance caused by 44 maintenance activities in close proximity to occupied roosts. However, maintenance and repair 45

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activities would occur within or adjacent to existing tactical infrastructure, and BMPs designed 1 to minimize or avoid impacts on Mexican long-nosed bat would be implemented. For example, 2 forage plants (agaves) would be protected, as all vegetation-control activities would avoid known 3 areas containing agaves. If vegetation-control activities in areas where agaves occur are 4 unavoidable then a qualified biologist would conduct a survey within the maintenance area. 5 Individual plants would be flagged and vegetation-control activities would not disturb the 6 demarcated individuals. In addition, no maintenance and repair activities, including vegetation 7 control, noise, and night lighting within 5 miles of any potential Mexican long-nosed bat roost 8 sites (i.e., Peloncillo Mountains and Animas Mountains) would be conducted between July and 9 September. If maintenance and repair activities cannot be avoided during this season, noise and 10 lighting impacts would be avoided during the night by conducting activities during daylight 11 hours only. If night lighting is unavoidable, light would shine directly onto the work area to 12 ensure worker safety and efficiency, and light would not exceed 1.5 foot-candles in Mexican 13 long-nosed bat habitat. 14

Gulf coast jaguarundi and ocelot. Short-term, negligible, direct, adverse effects on Gulf Coast 15 jaguarundi and ocelot could occur due to road maintenance and vegetation-control activities 16 within Gulf Coast jaguarundi and ocelot habitat. However, activities would occur within or 17 adjacent to existing footprints of tactical infrastructure. Additionally, BMPs would be 18 implemented to minimize or avoid impacts on ocelot and jaguarundi and their habitats. For 19 example, maintenance activities would be conducted during daylight hours only to avoid 20 nighttime noise and lighting impacts. If night lighting is unavoidable, light would shine directly 21 onto the work area to ensure worker safety and efficiency, and light would not exceed 1.5 foot-22 candles in ocelot or jaguarundi habitat. 23

3.6.3.2 Alternative 2: No Action Alternative 24

Under the No Action Alternative, CBP would continue current maintenance and repair activities 25 and short- and long-term, minor to moderate, direct and indirect, adverse effects on threatened 26 and endangered species would occur. Tactical infrastructure would be maintained and repaired 27 on an as-needed basis. There would be no centralized planning process for maintenance and 28 repair, and, consequently, maintenance and repair of tactical infrastructure usually would be 29 performed only on resources that are in disrepair. The lack of coordinated environmental staff 30 support and formalized planning under this alternative would result in inefficiencies that would 31 lead to the eventual degradation of tactical infrastructure. Implementation of this alternative 32 would result in impacts on threatened and endangered species, including conversion and 33 degradation of habitat from vegetation control, displacement of wildlife, including threatened 34 and endangered wildlife, accidental release of petroleum products or other hazardous materials; 35 incidental trampling and crushing while accessing the sites; and increased erosion, turbidity, and 36 sedimentation. 37

3.7 HYDROLOGY AND GROUNDWATER 38

3.7.1 Definition of the Resource 39

Evaluation of hydrology requires a study of the occurrence, distribution, and movement of water, 40 and its relationship with the environment. Many factors affect the hydrology of a region, 41

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including natural precipitation and evaporation rates and outside influences such as groundwater 1 withdrawals. Groundwater is a subsurface hydrologic resource. It functions to recharge surface 2 water and is used for drinking, irrigation, and industrial processes. Groundwater typically can be 3 described in terms of its depth from the surface, aquifer or well capacity, water quality, recharge 4 rate, and surrounding geologic formations. 5

3.7.2 Affected Environment 6

Climate and hydrology. Four major ecoregions are found in the action area: the Chihuahuan 7 Desert, Edwards Plateau, Southern Texas Plains, and Western Gulf Coastal Plains. The 8 Chihuahua Desert differs from other hot deserts, such as the Sonoran, because it has higher 9 elevations and summer-dominated rainfall as opposed to a biannual precipitation regime. It has 10 broad basins and valleys, with isolated mesas and mountains (USGS 2010a). Some areas of the 11 Chihuahuan Desert are the hottest and most arid regions in the state, with low available moisture 12 and high evapotranspiration rates, while at higher elevations there is somewhat higher annual 13 precipitation (Griffith et al. 2004). The Chihuahuan Desert can have 0 to 20 inches of rainfall 14 yearly, but averages 10 inches, primarily from summer rains, with 0 to 1 inches of runoff and 15 80 to 110 inches of evaporation annually (USGS 1996a, USGS 2010b). 16

The Edwards Plateau Ecoregion consists of a limestone plateau with karst topography and, 17 although it is considered semiarid, it contains springs and intermittent streams (Griffith et al. 18 2004). The region is known for summer rainfall deficiencies and occasional severe droughts, 19 punctuated by periodic high-intensity rainfall associated with tropical events. Flooding and 20 erosion caused by these storms are major factors in the local environment. 21

The Southern Texas Plains Ecoregion is also considered an arid to semiarid region. It contains 22 springs and streams that show some similarities to those of the Edwards Plateau, as they likely 23 originate from the same cool water aquifers (Griffith et al. 2004). There is a biannual 24 precipitation regime, with peak rainfall occurring in spring and fall. Precipitation tends to vary 25 with extreme year-to-year moisture variation. Spring rains are typically the result of frontal 26 activity, and fall precipitation is usually tropical in origin. Transpiration and evaporation rates 27 are generally much greater than precipitation rates. Droughts are common and frequently severe 28 (Griffith et al. 2004). 29

The Western Gulf Coastal Plains Ecoregion is characterized by a convergence of subtropical, 30 temperate, desert, and coastal influences, with hot, humid summers and mild winters because of 31 its southern latitude and close proximity to the Gulf of Mexico. Droughts are uncommon, and 32 precipitation primarily falls in the spring and summer months because of convective 33 thunderstorms; however, precipitation can occur in the summer and fall from tropical storms 34 (TNC 2003). 35

Overall, rainfall ranges from 0 to 28 inches per year, with the least precipitation occurring in the 36 Chihuahuan Desert region, and increasing eastward to the Gulf of Mexico (USGS 1996a). 37 Average runoff for the entire action area typically ranges from 0 to 2 inches annually, with the 38 extreme easternmost area along the Gulf reaching as high as 8 inches annually (USGS 1996a). 39

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Groundwater. There are several aquifer systems within the action area, including the Rio 1 Grande, the Edwards-Trinity, the Texas Coastal Uplands, and the Coastal Lowlands aquifer 2 systems (USGS 1996a). These systems are composed of numerous individual aquifers. 3

In western Texas, the Hueco-Mesillas Bolsons aquifer is a major component of the Rio Grande 4 aquifer system. It is composed of basin fill deposits of silt, clay, sand, and gravel. The water is 5 fresh to slightly saline, with salinity increasing to the south. Water quality deterioration and land 6 subsidence has resulted from excessive withdrawals, with nearly 90 percent of the water pumped 7 from the aquifer for public use (TSWB 2007, Ashworth and Hopkins 1995). 8

The major aquifer of the Edwards-Trinity aquifer system is the Edwards-Trinity (Plateau) 9 aquifer. Limestone in this system generally sits above sand and sandstone. Irrigation is the most 10 important use of water withdrawn from the Edwards-Trinity aquifer system and is concentrated 11 in the northwestern part of the region, where soil conditions are particularly favorable for 12 farming. Withdrawals for public, mining, and thermoelectric power uses also occur. The aquifer 13 is recharged by direct precipitation on the land surface. Much of the natural discharge from the 14 aquifer occurs as spring flows along the southeastern edge of the Edwards Plateau where erosion 15 has cut the rocks down to the water table; however, excessive withdrawal of groundwater in 16 portions of the region has caused some springs to stop flowing (USGS 1996a). Water quality 17 from the Edwards Trinity system ranges from fresh to slightly saline, with salinity increasing 18 towards the west. Certain areas have unacceptable levels of fluoride that exceed drinking water 19 standards (Ashworth and Hopkins 1995). 20

The Texas Coastal Uplands aquifer system provides large quantities of water for public, 21 agriculture, and industrial uses. The principal aquifer of this system is the Carrizo-Wilcox, 22 which is composed primarily of sand, with gravel, silt, clay, and interspersed lignite. The water 23 is typically hard but fresh, although in areas of low recharge and excessive withdrawals, it can be 24 more saline. High iron and manganese levels occur in deeper portions of the aquifer. Irrigation 25 withdrawals account for almost half of the groundwater use, but municipal withdrawals 26 constitute another 40 percent. Natural discharge occurs from evapotranspiration and loss to 27 streams, while recharge is generally from infiltration of precipitation (USGS 1996a, TSWB 28 2007). 29

The Coastal Lowlands aquifer system is composed of continental and marine deposits of sand, 30 silt, and clay. The system is recharged by the infiltration of precipitation, and natural discharges 31 occur through evapotranspiration, loss of water to streams as base flow, and upward leakage to 32 shallower aquifers in low-lying coastal areas or the Gulf of Mexico (USGS 1996a). The major 33 aquifer of the Coastal Lowlands system is the Gulf Coast aquifer. Water is used for municipal, 34 irrigation, and industrial purposes. Water quality varies with depth and location, with lower-35 quality water occurring in the southern portions in the form of higher salinity and alkalinity. 36 Excessive pumping in some areas has led to ground subsidence, ranging from 0.5 to 9 feet 37 (TSWB 2007, Ashworth and Hopkins 1995). 38

3.7.3 Environmental Consequences 39

A proposed action would be considered to cause a significant, adverse impact on hydrology or 40 groundwater if it were to affect water quality substantially; reduce water availability or supply to 41

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existing users substantially; threaten or damage hydrologic characteristics; or violate established 1 Federal, state, or local laws and regulations. 2

3.7.3.1 Alternative 1: Proposed Action 3

Climate and hydrology. No impacts on climate and hydrology with respect to the ecoregions or 4 precipitation regime would be anticipated. Climate and hydrologic cycles are large-scale 5 processes that affect local areas; however, a significant contribution of greenhouse gas (GHG) 6 emissions or alteration to the existing topography, vegetation, or precipitation regime would be 7 required to modify climate or hydrology. 8

Groundwater. Short-term, negligible to minor, indirect, adverse impacts could occur on 9 groundwater from vegetation control and debris removal, which could cause the deposition of fill 10 materials or increased erosion into groundwater recharge areas. Long-term, negligible to minor, 11 indirect, beneficial impacts on groundwater could occur from a decrease in erosion because 12 roadways would be properly maintained, which would reduce the effects incurred from 13 negligence, such as washout and long-term sedimentation. No adverse impacts on groundwater 14 would be expected from the use of existing approved equipment storage areas. 15

No impacts on groundwater would be expected from maintenance and repair of existing FC-1 16 (paved) and FC-2 (all-weather) roads if standard BMPs, such as spill prevention measures, 17 erosion and sediment controls, and proper equipment maintenance are implemented (see 18 Appendix E). Maintenance and repair of FC-3 (graded earth) and FC-4 (two-track) roads could 19 lead to short-term, minor, adverse impacts on groundwater during maintenance and repair 20 activities because grading and other ground-disturbing activities would result in erosion and 21 sedimentation. In addition, maintenance and repair of FC-4 roads could require the control of 22 vegetation and rock, which could alter the flow of water and percolation of precipitation into the 23 ground, resulting in a long-term, negligible to minor, adverse impact on groundwater recharge. 24

Long-term, minor, beneficial impacts on groundwater would occur by properly maintaining 25 roads, which would reduce the effects incurred from neglected maintenance, such as washout 26 and long-term sedimentation. 27

Rutting could occur along graded earth and sand roads and would be exacerbated by rain events 28 that further erode the surface. Unmanaged storm water flow also causes general erosion to 29 occur, washing out complete sections of road and in many instances making roads impassable. 30 Maintenance and repair of existing roads would have short- and long-term, minor to moderate, 31 beneficial impacts on groundwater by minimizing erosion of potentially contaminated (e.g., oils, 32 metals) road material into groundwater recharge areas. Improper maintenance could result in 33 short-term, negligible to minor, direct and indirect, adverse impacts on groundwater by 34 increasing erosion or introducing fill material into groundwater recharge areas. A poorly 35 regraded surface often results in rapid deterioration of the surface. The graded earthen roads 36 should be slightly crowned and absent of windrows in the gutter line to avoid ponding and 37 channeling within the road during rain events. Grading with the use of commercial grading 38 equipment is proposed to restore an adequate surface to FC-3 (graded earth) roads. USBP sector 39 personnel and contract support personnel well-versed in grading techniques would be employed 40 for such activity. The addition of material to these roads to achieve the proposed objective 41

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would be kept to a minimum. Any associated roadside drainage would be maintained to ensure 1 that runoff is relieved from the road surface quickly and effectively without creating further 2 erosion issues. Maintenance and repair of the existing roads would be in accordance with proven 3 maintenance and repair standards. All necessary erosion-control BMPs would be adopted to 4 ensure stabilization of the project areas. All of the standards CBP is adopting are developed 5 based on comprehensive engineering analysis, proven BMPs adopted by other Federal agencies, 6 and mitigation measures derived from extensive consultation with both regulatory and resource 7 agencies. 8

Mowing and control of vegetation within the road setback could result in short- to long-term, 9 negligible to minor, adverse impacts on groundwater by increasing erosion into groundwater 10 recharge areas. In areas deemed too difficult to mow (e.g., under guardrails, within riprap, and 11 immediately adjacent to bodies of water within the proposed setbacks) the use of herbicides 12 might occur. It is proposed that terrestrial and aquatic herbicide applications would occur with 13 products approved by the USEPA and relevant Federal land management agency, where 14 appropriate. The use of herbicides has the potential for long-term, minor, direct, adverse effects 15 on groundwater if spills were to occur. All use of herbicides would be performed in accordance 16 with label requirements by certified USBP sector or contract support personnel. Herbicide use 17 would follow an integrated approach that uses the least-intense approach first and only 18 progresses in intensity if necessary 19

3.7.3.2 Alternative 2: No Action Alternative 20

Under the No Action Alternative, short- and long-term, minor to moderate, direct and indirect, 21 adverse impacts on hydrology and groundwater would be anticipated because preventative 22 measures would not be implemented to manage maintenance and repair prior to these activities 23 becoming dire. Therefore, degrading infrastructure, particularly eroding roads, could lead to 24 increased sediments, nutrients, and contaminants in wetlands, streams, and other groundwater 25 recharge areas, and blocked drainage structures could increase flood risk. Impacts on hydrology 26 and groundwater under the No Action Alternative would be anticipated to be greater than 27 impacts for the Proposed Action. The potential for the introduction of contaminants in 28 groundwater recharge areas could be greater under the No Action Alternative if BMPs cannot be 29 implemented during ad hoc/emergency repair activities. Changes in hydrology from clogged 30 drainage structures could occur, which could reduce the potential for groundwater recharge in the 31 area. 32

3.8 SURFACE WATERS AND WATERS OF THE UNITED STATES 33

3.8.1 Definition of the Resource 34

Surface water resources generally consist of wetlands, lakes, rivers, and streams. All of these 35 surface water components contribute to the economic, ecological, recreational, and human health 36 of a community. 37

Waters of the United States are defined within the CWA, and jurisdiction is addressed by the 38 USEPA and the USACE. These agencies assert jurisdiction over traditional navigable waters 39

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and their relatively permanent tributaries, and the wetlands that are adjacent to these waters 1 (USEPA 2010a). 2

The CWA establishes the basic structure for regulating discharges of pollutants into the waters of 3 the United States (USEPA 2010b), with the objective of restoration and maintenance of 4 chemical, physical, and biological integrity of the Nation’s waters (USEPA 2010a). To achieve 5 this objective, several goals were identified, including (1) eliminate discharge of pollutants into 6 navigable waters by 1985; (2) achieve water quality that provides for the protection and 7 propagation of fish, shellfish, and wildlife and provides for recreation in and on the water by 8 1983; (3) prohibit the discharge of toxic pollutants in toxic amounts; (4) provide Federal 9 financial assistance to construct publicly owned waste treatment works; (5) develop and 10 implement the national policy that area-wide waste treatment management planning processes to 11 ensure adequate control of sources of pollutants in each state; (6) enforce the national policy that 12 a major research and demonstration effort be made to develop technology necessary to eliminate 13 the discharge of pollutants into navigable waters, waters of the contiguous zone, and the oceans; 14 and (7) establish the national policy that programs be developed and implemented in an 15 expeditious manner to enable the goals to be met through the control of both point and nonpoint 16 sources of pollution. 17

The USACE regulates the discharge of dredged and fill material (e.g., concrete, riprap, soil, 18 cement block, gravel, sand) into waters of the United States including adjacent wetlands under 19 Section 404 of the CWA (USEPA 2010b) and work on structures in or affecting navigable 20 waters of the United States under Section 10 of the Rivers and Harbors Act of 1899 (USEPA 21 2010b). 22

Wetlands and riparian habitats are ecologically important communities that provide many 23 benefits for people, and fish and wildlife. They provide key habitat for a wide array of plant and 24 animal species, including resident and migrating birds, amphibian and fish species, mammals, 25 and insects. Vegetation production and diversity are usually very high in and around these sites, 26 with many plant species adapted only to these unique environments. In addition, wetlands and 27 riparian zones provide a variety of hydrologic functions vital to ecosystem integrity. They 28 protect and improve water quality by storing floodwaters, recharging groundwater, and filtering 29 out nutrients and chemicals (USEPA 2001b). Development and conversion of wetlands and 30 riparian zones affects wildlife diversity, carrying capacity, and hydrologic regime. More than 31 220 million acres of wetlands are estimated to have existed in the lower 48 states in the 1600s. 32 More than half of those wetland acres have been drained or converted to other uses, with the 33 most impacts occurring in the 1950s to 1970s. Approximately 60,000 acres of wetlands are still 34 lost annually, primarily from conversion for agriculture and other development purposes 35 (USEPA 2001c). 36

Wetlands are a protected resource under EO 11990, Protection of Wetlands, issued in 1977 “to 37 avoid to the extent possible the short- and long-term, adverse impacts associated with the 38 destruction or modification of wetlands and to avoid direct or indirect support of new 39 construction in wetlands wherever there is a practicable alternative.” Wetlands have been 40 defined by agencies responsible for their management. The term “wetlands” used herein, is 41 defined using USACE conventions. The USACE has jurisdiction to protect wetlands under 42 Section 404 of the CWA using the following definition: 43

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. . . areas that are inundated or saturated by surface or ground water at a frequency and 1 duration sufficient to support, and that under normal circumstances do support, a 2 prevalence of vegetation typically adapted for life in saturated soil conditions (33 CFR 3 328.3[b]). 4

Three diagnostic characteristics must be met to classify an area a wetland: (1) more than 5 50 percent of the dominant vegetation species present must be classified as obligate (species that 6 are found greater than 99 percent of the time in wetlands), facultative wetland (species that are 7 found 67 to 99 percent of the time in wetlands), or facultative (species that are found 34 to 8 66 percent of the time in wetlands); (2) the soils must be classified as hydric; and (3) the area is 9 either permanently or seasonally inundated, or saturated to the surface at some time during the 10 growing season of the prevalent vegetation (USACE 1987). 11

Wetlands are protected as a subset of “the waters of the United States” under Section 404 of the 12 CWA. The term “waters of the United States” has a broad meaning under the CWA and 13 incorporates deepwater aquatic habitats and special aquatic habitats, including wetlands. Section 14 404 of the CWA authorizes the USACE to issue permits for the discharge of dredged or fill 15 materials into the waters of the United States, including wetlands. In addition, Section 404 of the 16 CWA also grants states with sufficient resources the right to assume these responsibilities. 17 Section 401 of the CWA gives the state board and regional boards the authority to regulate 18 through water quality certification any proposed federally permitted activity that could result in a 19 discharge to water bodies, including wetlands. The state may issue certification, with or without 20 conditions, or deny certification for activities that might result in a discharge to water bodies 21 (USEPA 2010b). 22

3.8.2 Affected Environment 23

3.8.2.1 Surface Waters 24

3.8.2.2 Rio Grande Watershed 25

The Rio Grande watershed (hydrologic unit code [HUC] 13) and the Texas-Gulf watershed 26 (HUC 12) are present within the action area. The majority of the action area occurs within the 27 Rio Grande watershed and includes the following subwatersheds: the Rio Grande-Mimbres 28 (HUC 1303), Rio Grande-Amistad (HUC 1304), Rio Grande closed basins (HUC 1305), Lower 29 Pecos (HUC 1307), Rio Grande-Falcon (HUC 1308), and Lower Rio Grande (HUC 1309). The 30 action area also includes one subwatershed of the Texas-Gulf watershed, the 31 Nueces-Southwestern Texas Coastal (HUC 1211) watershed (USGS 2014). 32

3.8.2.3 Rio Grande Watershed 33

The Rio Grande basin drains an area of more than 330,000 square miles in Colorado, New 34 Mexico, and Texas in the United States and Chihuahua, Durango, Coahuila, Nuevo Leon, and 35 Tamaulipas in Mexico. Within Texas, the Rio Grande drains an area of 86,720 square miles. 36 The Texas portion of the Rio Grande forms the international border with Mexico for 1,254 miles. 37 A total of seven pairs of sister cities are found along the Texas-Mexico border, which result in 38 dense urban land use. The majority of the land within the Rio Grande basin in Texas is privately 39 owned and used for agriculture and grazing activities. Some land parcels are owned by the 40

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Federal and state government and include Big Bend National Park in west Texas and a network 1 of refuges owned by the USFWS in south Texas (USIBWC 2013). Major impoundments in the 2 Rio Grande watershed within Texas include Amistad and Falcon dams. 3

Major tributaries to the Rio Grande basin within the United States include Independence Creek, 4 in the Lower Pecos subwatershed; the Devils River, which forms an arm of the International 5 Amistad Reservoir, in the upper Rio Grande-Amistad subwatershed; and San Felipe Creek, 6 which flows through Del Rio, Texas, in the Rio Grande-Falcon subwatershed. Major tributaries 7 to the Rio Grande basin within Mexico include the Rio Conchos, which flows into the Rio 8 Grande near Presidio, Texas, in the Rio Grande-Amistad subwatershed; the Rio Salado, which 9 forms an arm of the International Falcon Reservoir, in the Rio Grande-Falcon subwatershed; and 10 the Rio San Juan, which flows into the Rio Grande upstream of McAllen, Texas, in the Lower 11 Rio Grande subwatershed (USIBWC 2013). 12

The TCEQ currently lists seven stream segments of the Rio Grande basin as being impaired on 13 the USEPA 303(d) list, of which six occur within the action area. These segments are impaired 14 due to the following parameters: bacteria, chloride, sulfate, and total dissolved solids (TCEQ 15 2012). Specific impairment parameters and stream segments are listed by subwatershed in the 16 following paragraphs. 17

Rio Grande-Mimbres Watershed. The Rio Grande-Mimbres watershed is divided into several 18 smaller subwatersheds, of which only one, the El Paso-Las Cruces watershed, occurs within the 19 action area. This subwatershed consists of 3,530,617 acres where Mexico, New Mexico, and 20 Texas converge. The major surface water for this watershed is the Rio Grande (USGS 2014). A 21 portion of the Rio Grande within this subwatershed, from the Anthony Drain to International 22 Dam, is on the USEPA 303(d) list as impaired for bacteria (TCEQ 2012). 23

Rio Grande-Amistad Watershed. The Rio Grande-Amistad watershed is divided into 16 smaller 24 subwatersheds, all of which occur within the action area. This watershed consists of 18,866,981 25 acres in west Texas and northern Mexico. Within Texas, this watershed occurs from El Paso to 26 the dam at Amistad Reservoir, and includes much of the Trans-Pecos region and the Devils River 27 (USGS 2014). The Devils River joins the Rio Grande at the Amistad Reservoir, forming a 28 significant arm on the Texas side of the reservoir. This river drains 271,742 acres of relatively 29 undisturbed land in Texas. The land conditions of this drainage area and the spring contributions 30 within the Devils River define this high-quality stream (USIBWC 2013). Two segments of the 31 Rio Grande within this subwatershed are on the USEPA 303(d) list as impaired streams. One 32 segment, which occurs from the Riverside Diversion Dam in El Paso County to the confluence of 33 the Rio Conchos (Mexico) in Presidio County, is impaired due to bacteria, chloride, and total 34 dissolved solids. The other segment, which occurs from the confluence with the Rio Conchos to 35 a point 1.1 miles downstream of the confluence of Ramsey Canyon in Val Verde County, is 36 impaired due to chloride, sulfate, and total dissolved solids (TCEQ 2012). 37

Rio Grande Closed Basins Watershed. The Rio Grande closed basins watershed is divided into 38 three subwatersheds, of which only one, the Salt Basin watershed, occurs within the action area. 39 This subwatershed consists of 5,069,695 acres in far west Texas and southern New Mexico 40 (USGS 2014). The Salt Basin was historically a large surface water until the commencement of 41 water pumping for agriculture in the 1920s. Today it is generally an area of dry lakes and 42

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extensive salt deposits (TSHA 2011a). There are no major surface waters in this area and no 1 documented water quality issues (TCEQ 2012). 2

Lower Pecos Watershed. The Lower Pecos watershed is divided into 11 subwatersheds, of 3 which five occur within the action area. These subwatersheds consists of 6,790,749 acres in west 4 Texas that contribute to the Pecos River (USGS 2014). The Pecos River is a major tributary to 5 the Rio Grande. It originates in New Mexico and flows southeast for approximately 900 miles 6 until it enters the Rio Grande at the Amistad Reservoir. In total, the Pecos River drainage area is 7 about 44,000 square miles. Irrigation and impoundments for power generation have significantly 8 reduced its historical flow (TSHA 2011b). The Lower Pecos watershed is not on the USEPA 9 303(d) impaired waters list; however, the Upper Pecos, which is outside of the action area, is 10 impaired due to depressed dissolved oxygen (TCEQ 2012) 11

Rio Grande-Falcon Watershed. The Rio Grande-Falcon watershed is divided into three 12 subwatersheds, all of which occur within the action area. This watershed consists of 8,122,032 13 acres in southern Texas and northern Mexico (USGS 2014). One of the major tributaries to the 14 Rio Grande in Texas, San Felipe Creek occurs within this watershed. San Felipe Creek is a 15 spring-fed stream in Del Rio, Texas. This stream enters the Rio Grande downstream of the 16 Amistad Dam in Val Verde County (USIBWC 2013). One segment of the Rio Grande within 17 this watershed is on the USEPA 303(d) list as an impaired stream. From Amistad Dam to the 18 confluence of the Arroyo Salado (Mexico), which occurs adjacent to Zapata County, is listed as 19 impaired due to bacteria (TCEQ 2012). The Rio Grande-Falcon watershed is not on the USEPA 20 303(d) impaired waters list. 21

Lower Rio Grande Watershed. The Lower Rio Grande watershed is divided into two 22 subwatersheds, both of which occur in the action area. This watershed consists of 2,255,850 23 acres in southern Texas and northern Mexico (USGS 2014). Two stream segments within this 24 watershed are on the USEPA 303(d) list as impaired streams due to bacteria. One of these 25 segments is the Rio Grande from Falcon Dam to a point 6.7 miles downstream of the 26 International Bridge in Cameron County. The other impaired stream segment is the Arroyo Los 27 Olmos, in Starr County. This stream is impaired for 24.5 miles from a point near the historical 28 settlement of El Sauz, Texas, to the confluence with the Rio Grande, near Rio Grande City 29 (TCEQ 2012). 30

3.8.2.4 Texas Gulf Watershed 31

The Texas Gulf watershed drains the vast majority of Texas to the Gulf of Mexico. This 32 watershed is subdivided into numerous watersheds of which one, the Nueces-Southwestern 33 Texas Coastal watershed, occurs within the action area. This watershed is further divided by the 34 Nueces River and Southwestern Texas Coastal watersheds. 35

Nueces River. The Nueces River begins in central Texas, arising from springs on the Edwards 36 Plateau, and flows south-southeast for approximately 315 miles to its mouth on Nueces Bay. It 37 drains an area of 16,800 square miles and carries an annual runoff of some 620,000 acre-feet. 38 The river and its drainage basin are in a predominantly rural area. Major impoundments in the 39 Nueces watershed include Choke Canyon Reservoir and Lake Corpus Christi, which provide 40

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water for municipal, industrial, mining, and recreational uses, and provide flood control and 1 electrical power generation (TSHA 2011c). 2

The Nueces watershed is divided into 11 subwatersheds, four of which occur within the action 3 area. These subwatersheds consists of 4,923,992 acres in south Texas. Within the entire Nueces 4 watershed, 10 stream segments are on the USEPA 303(d) list. One of the stream segments is the 5 Nueces River from Holland Dam in LaSalle County to a point 328 feet upstream of Farm to 6 Market Road 1025 in Zavala County (TCEQ 2012). Approximately 30 miles of this stream 7 segment occur within the action area, in Dimmit and Zavala counties. 8

Southwestern Texas Coastal Watershed. The Southwestern Texas Coastal watershed is divided 9 into eight subwatersheds, of which only one, the South Laguna Madre watershed, occurs within 10 the action area. The South Laguna Madre watershed consists of 1,808,561 acres in far south 11 Texas. The Arroyo Colorado is the main surface water within this watershed outside of the bays 12 and estuaries of the coast. Other surface waters include resacas, floodways, and irrigation canals 13 (USGS 2014). 14

The Arroyo Colorado is approximately 52 miles long and is in the Rio Grande Delta. It was a 15 former outlet to the Rio Grande, and still carries excess waters from that river to Laguna Madre 16 during flood events. Portions of the arroyo have been dredged to allow for barge traffic. The 17 drainage area surrounding it is primarily agricultural land, including citrus orchards (TSHA 18 2011d). A portion of the Arroyo Colorado within the action area is listed as impaired on the 19 USEPA 303(d) list for bacteria, and mercury and polychlorinated biphenyls (PCBs) in fish tissue. 20 This impaired stream segment occurs from Farm to Market Road 2062 in Hidalgo County to a 21 point 328 feet downstream of Cemetery Road, south of Port Harlingen in Cameron County 22 (TCEQ 2012). 23

3.8.2.5 Wetlands 24

There are approximately 7.6 million acres of wetlands in Texas covering approximately 25 4.4 percent of the state. Texas has lost about half of its original wetlands, primarily because of 26 agricultural conversions, overgrazing, urbanization, channelization, water table declines, and 27 construction of navigation canals (USGS 1996b). 28

Riparian systems, coastal wetlands, and coastal pothole wetlands are the most common 29 categories of wetlands in the action area. Palustrine emergent, palustrine forested, and palustrine 30 scrub-shrub riparian systems occur along rivers and streams in the area, such as the Rio Grande 31 and the Nueces rivers. Coastal wetlands include salt- and freshwater marshes, deltas, coastal 32 bays, and estuaries. The predominant marsh types are the freshwater emergent and scrub-shrub 33 marshes in river deltas and rice fields and the intertidal nonvegetated, emergent, and scrub-shrub 34 emergent marshes found along the periphery of the coastal estuaries. Coastal pothole wetlands 35 are shallow, circular depressions and basins that range in size from a tenth of an acre to greater 36 than 5 acres. 37

Potholes occurring in the Lower Rio Grande Valley consist of high clay-content soil and are 38 classified as palustrine wetlands. Resacas, old abandoned river channels, are also within the 39 action area. They are generally shallow and measure 30 to 150 feet wide. Resacas are 40 semipermanent and often form ponds or oxbow lakes (USACE 1994a) 41

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3.8.3 Environmental Consequences 1

3.8.3.1 Alternative 1: Proposed Action 2

Short-term, negligible to moderate, indirect, adverse impacts could occur from vegetation control 3 and debris removal, bridge repair, and boat ramp maintenance, which could cause the deposition 4 of fill materials or increased sedimentation into wetlands, arroyos, or other surface water or 5 drainage features. However, maintenance and repair of tactical infrastructure would be 6 conducted in such a manner as to have negligible impacts on wetlands, and floodplain resources 7 to the maximum extent practical. Erosion-control BMPs would be adopted to maintain runoff on 8 site and would minimize the potential for adverse effects on downstream water quality. Pertinent 9 local, state, and Federal permits would be obtained for any work, including work that could 10 occur in jurisdictional drainages, waterways, or wetlands. CBP would consult with USACE Fort 11 Worth District as appropriate and where applicable to minimize wetland impacts and identify 12 potential avoidance, minimization, and conservation measures. 13

Maintenance and repair of the existing road tactical infrastructure would be in accordance with 14 proven maintenance and repair standards. All of the standards CBP would adopt are developed 15 based on comprehensive engineering analysis, proven BMPs adopted by other Federal agencies, 16 and mitigation measures derived from extensive consultation with both regulatory and resource 17 agencies. No impacts on surface water resources would be expected from maintenance and 18 repair of lighting and electrical systems, or towers. 19

Maintenance of FC-3 (graded earth), FC-4 (two-track), and FC-5 (sand) roads would minimize 20 erosion and deposition of potentially contaminated (e.g., oils, metals) road material into 21 wetlands, surface waters, arroyos, and other drainage features. When subjected to heavier traffic, 22 rutting occurs, which in turn is exacerbated by rain events that further erode the surface. 23 Unmanaged storm water flow also causes general erosion to occur, washing out complete 24 sections of road and in many instances making roads impassable. The road should be slightly 25 crowned and absent of windrows in the gutter line to avoid ponding and channeling within the 26 road during rain events. Grading associated with FC-3 and FC-5 roads with the use of 27 commercial grading equipment is proposed to restore an adequate surface. USBP sector 28 personnel and contract support personnel well-versed in grading techniques would be employed 29 for such activity. The addition of material to these roads to achieve the proposed objective 30 would be kept to a minimum. Any associated roadside drainage would be maintained to ensure 31 that runoff is relieved from the road surface quickly and effectively without creating further 32 erosion issues. 33

Installation of culverts and low-water crossings associated with FC-4 roads would result in short-34 term, minor, adverse impacts on water quality due to an increase in turbidity from a disturbance 35 in sediments and potential for contaminants to enter into water bodies during maintenance and 36 repair activities, such as through leaks or spills from equipment. Long-term, beneficial impacts 37 would occur after activities have ceased and storm water flow is properly managed. 38

In addition, bridges would be inspected on a routine basis and their structural integrity 39 maintained. Short-term, minor to moderate, adverse impacts would occur on surface water 40 resources from bridge maintenance and repair, depending on the extent of required work. 41

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Mowing and vegetation control within the road setback could result in increased erosion into 1 wetlands, surface waters, arroyos, and other drainage areas. In areas deemed too difficult to 2 mow, such as under guardrails, within riprap, and immediately adjacent to bodies of water within 3 the proposed setbacks, the use of herbicides might occur. It is proposed that terrestrial and 4 aquatic herbicide applications would be made with products approved by the USEPA and 5 relevant Federal land management agency (where appropriate). The use of herbicides would 6 result in long-term, minor, direct, adverse effects on surface water resources, if spills were to 7 occur. All use of herbicides would be performed in accordance with label requirements by 8 certified USBP sector or contract support personnel. Herbicide use would follow an integrated 9 approach that uses the least intensive approach first and only progresses in intensity if necessary. 10

3.8.3.2 Alternative 2: No Action Alternative 11

Under the No Action Alternative, there is a potential for short- and long-term, minor to major, 12 direct and indirect, adverse impacts on surface waters. The No Action Alternative would result 13 in greater impacts on surface waters than the Proposed Action because a proactive approach to 14 maintenance and repair would not occur; therefore, reactive maintenance and repair activities 15 would occur when a problem has arisen. For example, degrading infrastructure, particularly 16 eroding roads, could lead to increased sediments, nutrients, and contaminants in wetlands, 17 streams, arroyos, and other water-related features, and blocked drainage structures could increase 18 flood risk. In addition, it is likely that not all BMPs would be implemented during emergency 19 repair activities, which could result in adverse impacts on surface waters. 20

3.9 FLOODPLAINS 21

3.9.1 Definition of the Resource 22

Floodplains are areas of low-level ground present along rivers, stream channels, or coastal waters 23 that are periodically inundated. Floodplain ecosystem functions include natural moderation of 24 floods through flood storage and conveyance, groundwater recharge, nutrient cycling, water 25 quality maintenance, and support of a diversity of plants and animals. Floodplains provide a 26 broad area to spread out and temporarily store floodwaters. This reduces flood peaks and 27 velocities and the potential for erosion. In their natural vegetated state, floodplains slow the rate 28 at which the incoming overland flow reaches the main water body (FEMA 1994). 29

Floodplains are subject to periodic or infrequent inundation due to rain or melting snow. Risk of 30 flooding typically hinges on local topography, the frequency of precipitation events, and the size 31 of the watershed above the floodplain. Flood potential is evaluated by the Federal Emergency 32 Management Agency (FEMA), which defines the 100-year floodplain. The 100-year floodplain 33 is the area that has a 1 percent chance of inundation by a flood event in a given year 34 (FEMA 1994). Certain facilities inherently pose too great a risk to be in either the 100- or 35 500-year floodplain, such as hospitals, schools, or storage buildings for irreplaceable records. 36 Federal, state, and local regulations often limit floodplain development to passive uses, such as 37 recreational and preservation activities, to reduce the risks to human health and safety. 38

EO 11988, Floodplain Management, requires Federal agencies to determine whether a proposed 39 action would occur within a floodplain. This determination typically involves consultation of 40 appropriate FEMA Flood Insurance Rate Maps (FIRMs), which contain enough general 41

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information to determine the relationship of the project area to nearby floodplains. EO 11988 1 directs Federal agencies to avoid floodplains unless the agency determines that there is no 2 practicable alternative. Where the only practicable alternative is to site in a floodplain, a specific 3 step-by-step process must be followed to comply with EO 11988 outlined in the FEMA 4 document Further Advice on EO 11988 Floodplain Management. 5

3.9.2 Affected Environment 6

The Rio Grande is the major surface water in the action area associated with a 100-year 7 floodplain. Other waters include Big Canyon Creek; the Amistad and Falcon reservoirs; Cow 8 Creek; the Nueces River; Arroyo Colorado; Chacon Creek; Salado Creek; Resaca de la Palma; 9 and numerous other arroyos, streams, and resacas (FEMA 2010). 10

3.9.3 Environmental Consequences 11

3.9.3.1 Alternative 1: Proposed Action 12

Short-term, negligible to minor, indirect, adverse impacts and short- and long-term, minor, 13 direct, beneficial impacts on floodplains would be anticipated from implementing the Proposed 14 Action. Short-term, negligible to minor, indirect impacts could occur on floodplain areas from 15 vegetation control and debris removal, which could cause increased sedimentation into 16 floodplains and drainage structures. However, clearing blocked drainage structures of debris and 17 fill materials would result in short- and long-term, direct and indirect, beneficial impacts on 18 floodplains by improving conveyance of floodwaters. BMPs would be implemented to minimize 19 impacts on floodplains to negligible. No adverse impacts on floodplains from maintenance of 20 bridges, lighting and electrical systems, towers, or boat ramps would be expected. The addition 21 of fill material to these ramps to achieve the proposed objective would be kept to a minimum. 22 The use of soil stabilization agents could be required on some ramps. It is proposed that any 23 applications would be made with soil stabilization products approved by the USEPA and 24 relevant Federal land management agency (where appropriate), and would be performed in 25 accordance with label requirements by qualified USBP sector or contract-support personnel. 26

No impacts on floodplains would be expected from routine repair and maintenance of existing 27 FC-1 (paved) and FC-2 (all-weather) roads if standard BMPs are implemented and any necessary 28 local, state, or Federal permitting requirements are met. The majority of proposed maintenance 29 and repair is planned for FC-3 (graded earth) and FC-4 (two-track) roads. Because of their lack 30 of formal construction design, FC-3 (graded earth) and FC-4 (two-track) roadways are subject to 31 the greatest deterioration if left unmaintained. Maintenance and repair of FC-3 (graded earth) 32 and FC-4 (two-track) roads could lead to short- and long-term, minor, adverse and beneficial 33 impacts on floodplains. 34

Proper maintenance of existing FC-3 (graded earth) and FC-5 (sand) roads would have short- and 35 long-term, minor to moderate, beneficial impacts on floodplains by minimizing erosion of road 36 material into floodplain areas. When subjected to heavier traffic, rutting occurs, which is 37 exacerbated by rain events that further erode the surface. Unmanaged storm water flow also 38 causes general erosion to occur, washing out complete sections of road and in many instances 39 making roads impassable. The road should be slightly crowned and absent of windrows in the 40 gutter line to avoid ponding and channeling within the road during rain events. Grading with the 41

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use of commercial grading equipment is proposed to restore an adequate surface to FC-3 (graded 1 earth) roads. USBP sector personnel and contract support personnel well-versed in grading 2 techniques would be employed for such activity. The addition of material to these roads to 3 achieve the proposed objective would be kept to a minimum. Any associated roadside drainage 4 would be maintained to ensure that runoff is relieved from the road surface quickly and 5 effectively without creating further erosion issues. 6

Proper maintenance of existing FC-4 (two-track) roads would have short- and long-term, minor, 7 direct, beneficial impacts on floodplains by minimizing erosion of road material into floodplain 8 areas. Installation of culverts could cause long-term, minor, direct, adverse impacts on 9 floodplains by creating restrictions to water flow and potentially increasing flood risk. Proper 10 sizing of culverts would reduce this potential impact. Two-track roads have no crown, and 11 generally do not have any improved drainage features or ditches, although culverts and low 12 water crossings could be installed where continuous erosion issues occur. Installation of 13 properly sized culverts and cleaning blocked drainage structures could have short- and long-14 term, direct and indirect, beneficial impacts by decreasing restrictions and improving conveyance 15 of floodwaters. 16

Mowing and control of vegetation within the road setback could result in short- to long-term, 17 negligible to minor, adverse impacts on floodplains by increasing erosion into floodplain areas. 18 In areas deemed too difficult to mow, such as under guardrails, within riprap, and immediately 19 adjacent to bodies of water within the proposed setbacks, the use of herbicides might occur. 20 Short-term, negligible to minor, adverse impacts on floodplains would be expected from the use 21 of herbicides, as the decrease in vegetation in the floodplain could allow for easier conveyance of 22 floodwaters within the floodplain and increase the velocity and volume of storm water flow until 23 native vegetation has been reestablished. Impacts from herbicides on water quality are discussed 24 in Section 3.8. 25

All necessary erosion-control BMPs (see Appendix E) would be adopted to ensure stabilization 26 of the project areas. Pertinent local, state, and Federal permits would be obtained for any work, 27 including work that occurs in floodplains. The maintenance and repair of tactical infrastructure 28 would be conducted in such a manner as to have minimal impacts on floodplains to the 29 maximum extent practical. CBP is consulting with the USACE Fort Worth District to minimize 30 floodplain impacts and identify potential avoidance, minimization, and conservation measures. 31 Maintenance and repair of the existing road tactical infrastructure would be in accordance with 32 proven maintenance and repair standards. All of the standards CBP is adopting are developed 33 based on comprehensive engineering analysis, proven BMPs adopted by other Federal agencies, 34 and mitigation measures derived from extensive consultation with both regulatory and resource 35 agencies. 36

3.9.3.2 Alternative 2: No Action Alternative 37

Under the No Action Alternative, there is a potential for short- and long-term, minor to 38 moderate, direct and indirect, adverse impacts on floodplains. Degrading infrastructure, 39 particularly eroding roads, could lead to increased sediments and other fill materials in the 40 floodplain, and blocked drainage structures impair flow, which could increase flood risk. This 41 approach would result in greater impacts on floodplains than the Proposed Action because a 42

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proactive approach to maintenance and repair would not occur. Reactive maintenance and repair 1 activities would be coordinated once an issue arises. For example, instead of clearing blocked 2 drainage structures periodically of debris, the drainage structures could be cleared when flooding 3 occurs and it becomes a necessity to maintain the structure. Thus, structures generally not 4 impacted by floodwaters could be affected under the No Action Alternative if the blockage of the 5 drainage structure is not detected or attended to in a timely manner. The No Action Alternative 6 does not guarantee that all BMPs would be implemented during emergency repair activities. 7

3.10 AIR QUALITY 8

3.10.1 Definition of the Resource 9

In accordance with Federal CAA requirements, the air quality in a given region or area is 10 measured by the concentration of criteria pollutants in the atmosphere. The air quality in a 11 region is a result not only of the types and quantities of atmospheric pollutants and pollutant 12 sources in an area, but also surface topography, the size of the topological “air basin,” and the 13 prevailing meteorological conditions. 14

Ambient Air Quality Standards. Under the CAA, the USEPA developed numerical 15 concentration-based standards, or National Ambient Air Quality Standards (NAAQS), for 16 pollutants that have been determined to affect human health and the environment. The NAAQS 17 represent the maximum allowable concentrations for ozone (O3), which is measured as volatile 18 organic compounds (VOCs) and nitrogen oxides (NOx); carbon monoxide (CO), nitrogen dioxide 19 (NO2), sulfur dioxide (SO2), respirable particulate matter (including particulate matter equal to or 20 less than 10 microns in diameter [PM10] and particulate matter equal to or less than 2.5 microns 21 in diameter [PM2.5]), and lead (Pb) (40 CFR Part 50). The CAA also gives the authority to states 22 to establish air quality rules and regulations. The State of Texas has adopted the NAAQS for 23 criteria pollutants. Table 3-3 presents the USEPA NAAQS. 24

Attainment Versus Nonattainment and General Conformity. The USEPA classifies the air 25 quality in an air quality control region (AQCR), or in subareas of an AQCR, according to 26 whether the concentrations of criteria pollutants in ambient air exceed the NAAQS. Areas 27 within each AQCR are therefore designated as either “attainment,” “nonattainment,” 28 “maintenance,” or “unclassified” for each of the six criteria pollutants. Attainment means that 29 the air quality within an AQCR is better than the NAAQS; nonattainment indicates that criteria 30 pollutant levels exceed NAAQS; maintenance indicates that an area was previously designated 31 nonattainment but is now attainment; and an unclassified air quality designation by USEPA 32 means that there is not enough information to classify an AQCR appropriately, so the area is 33 considered attainment. The USEPA has delegated the authority for ensuring compliance with the 34 NAAQS in Texas to the TCEQ. In accordance with the CAA, each state must develop a State 35 Implementation Plan (SIP), which is a compilation of regulations, strategies, schedules, and 36 enforcement actions designed to move the state into compliance with all NAAQS. 37

The General Conformity Rule applies only to significant Federal actions in nonattainment or 38 maintenance areas. This rule requires that any Federal action meet the requirements of a SIP or 39 Federal Implementation Plan. More specifically, CAA conformity is ensured when a Federal 40 action does not cause a new violation of the NAAQS; contribute to an increase in the frequency 41

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or severity of violations of NAAQS; or delay the timely attainment of any NAAQS, interim 1 progress milestones, or other milestones toward achieving compliance with the NAAQS. 2

Table 3-3. National Ambient Air Quality Standards 3

Pollutant Averaging

Time Primary Standard

Secondary Standard Federal

CO 8-hour (1) 9 ppm (10 mg/m3) None

1-hour (1) 35 ppm (40 mg/m3) None

Pb Rolling 3-Month Average (2) 0.15 µg/m3 (3) Same as Primary

NO2 Annual (4) 53 ppb (5) Same as Primary

1-hour (6) 100 ppb None

PM10 24-hour (7) 150 µg/m3 Same as Primary

PM2.5 Annual (8) 12 µg/m3 15 µg/m3

24-hour (6) 35 µg/m3 Same as Primary

O3 8-hour (9) 0.075 ppm (10) Same as Primary

SO2 1-hour (11) 75 ppb (12) None

3-hour (1) None 0.5 ppm (3-hour) Source: ; USEPA 2012 Notes: Parenthetical values are approximate equivalent concentrations.

1. Not to be exceeded more than once per year. 2. Not to be exceeded. 3. Final rule signed 15 October 2008. The 1978 standard for Pb (1.5 μg/m3 as a quarterly average) remains in effect until 1

year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved. The USEPA designated areas for the new 2008 standard on 8 November 2011.

4. Annual mean. 5. The official level of the annual NO2 standard is 0.053 ppm, equal to 53 ppb, which is shown here for the purpose of

clearer comparison to the 1-hour standard. 6. 98th percentile, averaged over 3 years. 7. Not to be exceeded more than once per year on average over 3 years. 8. Annual mean, averaged over 3 years. 9. Annual fourth-highest daily maximum 8-hour concentration, averaged over 3 years. 10. Final rule signed 12 March 2008. The 1997 O3 standard (0.08 ppm, annual fourth-highest daily maximum 8-hour

concentration, averaged over 3 years) and related implementation rules remain in place. In 1997, USEPA revoked the 1-hour O3 standard (0.12 ppm, not to be exceeded more than once per year) in all areas, although some areas have continued obligations under that standard (“anti-backsliding”). The 1-hour O3 standard is attained when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 ppm is less than or equal to 1.

11. 99th percentile of 1-hour daily maximum concentrations, averaged over 3 years. 12. Final rule signed on 2 June 2010. The 1971 annual (0.3 ppm) and 24-hour (0.14 ppm) SO2 standards were revoked in

that same rulemaking. However, these standards remain in effect until 1 year after an area is designated for the 2010 standard, except in areas designated nonattainment for the 1971 standards, where the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standard are approved..

Key: ppm = parts per million; ppb = parts per billion; mg/m3 = milligrams per cubic meter; µg/m3 = micrograms per cubic meter

Federal Prevention of Significant Deterioration. Federal Prevention of Significant 4 Deterioration (PSD) regulations apply in attainment areas to major stationary sources 5 (e.g., sources with the potential to emit 250 tons per year [tpy] of any regulated pollutant) and 6

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significant modifications to major stationary sources (e.g., change that adds 10 to 40 tpy to the 1 major stationary source’s potential to emit depending on the pollutant). Additional PSD major 2 source and significant modification thresholds apply for GHGs, as discussed in the Greenhouse 3 Gas Emissions subsection. PSD permitting can also apply to a proposed project if all three of the 4 following conditions exist: (1) the proposed project is a modification with a net emissions 5 increase to an existing PSD major source, (2) the proposed project is within 10 kilometers of 6 national parks or wilderness areas (i.e., Class I Areas) , and (3) regulated stationary source 7 pollutant emissions would cause an increase in the 24-hour average concentration of any 8 regulated pollutant in the Class I area of 1 microgram per cubic meter (μg/m3) or more 9 (40 CFR 52.21[b][23][iii]). A Class I area includes national parks larger than 6,000 acres, 10 national wilderness areas and national memorial parks larger than 5,000 acres, and international 11 parks. PSD regulations also define ambient air increments, limiting the allowable increases to 12 any area’s baseline air contaminant concentrations, based on the area’s class designation 13 (40 CFR 52.21[c]). 14

Title V and Other CAA Requirements. Title V of the CAA Amendments of 1990 requires states 15 and local agencies to permit major stationary sources. A Title V major stationary source has the 16 potential to emit regulated air pollutants and hazardous air pollutants (HAPs) at levels equal to or 17 greater than Major Source Thresholds. Major Source Thresholds vary depending on the 18 attainment status of an ACQR. The purpose of the permitting rule is to establish regulatory 19 control over large, industrial-type activities and monitor their impact on air quality. 20

Section 112 of the CAA lists HAPs and identifies stationary source categories that are subject to 21 emissions control or work practice requirements. Section 111 of the CAA lists stationary source 22 categories that are subject to new source performance standards if the applicable equipment is 23 constructed, reconstructed, or modified after specified dates. 24

Greenhouse Gas Emissions. GHGs are gaseous emissions that trap heat in the atmosphere. 25 These emissions occur from natural processes and human activities. The most common GHGs 26 emitted from human activities include carbon dioxide (CO2), methane, and nitrous oxide. GHGs 27 are mainly produced by the burning of fossil fuels and through industrial and biological 28 processes. On 22 September 2009, the USEPA issued a final rule for mandatory GHG reporting 29 from large GHG emissions sources in the United States. The purpose of the rule is to collect 30 comprehensive and accurate data on CO2 and other GHG emissions that can be used to inform 31 future policy decisions. In general, the threshold for reporting is 25,000 metric tons or more of 32 CO2 equivalent emissions per year but excludes mobile source emissions. The regulation of 33 GHG emissions under the PSD and Title V permitting programs was initiated by a USEPA 34 rulemaking issued on 3 June 2010 known as the GHG Tailoring Rule (75 FR 31514). GHG 35 emissions thresholds for the permitting of stationary sources are an increase of 75,000 tpy of CO2 36 at existing major sources and facility-wide emissions of 100,000 tpy of CO2 for a new source or 37 a modification of an existing minor source. The 100,000 tpy of CO2 threshold defines a major 38 GHG source for both construction (PSD) and operating (Title V) permitting, respectively. 39

EO 13514 was signed in October 2009 and requires agencies to set goals for reducing GHG 40 emissions. One requirement within EO 13514 is the development and implementation of an 41 agency Strategic Sustainability Performance Plan (SSPP) that prioritizes agency actions based on 42 lifecycle return on investment. Each SSPP is required to identify, among other things, “agency 43

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activities, policies, plans, procedures, and practices” and “specific agency goals, a schedule, 1 milestones, and approaches for achieving results, and quantifiable metrics” relevant to the 2 implementation of EO 13514. The DHS’s SSPP was originally released to the public in June 3 2010 and has been updated annually since. This implementation plan describes specific actions 4 that the DHS will take to achieve its individual GHG reduction targets, reduce long-term costs, 5 and meet the full range of goals of the EO. All SSPPs segregate GHG emissions into three 6 categories: Scope 1, Scope 2, and Scope 3 emissions. Scope 1 GHG emissions are those directly 7 occurring from sources that are owned or controlled by the agency. Scope 2 emissions are 8 indirect emissions generated in the production of electricity, heat, or steam purchased by the 9 agency. Scope 3 emissions are other indirect GHG emissions that result from agency activities 10 but from sources that are not owned or directly controlled by the agency. The GHG goals in the 11 DHS SSPP include reducing Scope 1 and Scope 2 GHG emissions by 25.3 percent by 2020, 12 relative to fiscal year (FY) 2008 emissions, and reducing Scope 3 GHG emissions by 7.2 percent 13 by 2020, relative to FY 2008 emissions. 14

3.10.2 Affected Environment 15

The tactical infrastructure along the U.S./Mexico international border in Texas is within three 16 AQCRs. El Paso and Big Bend Sectors are within the El Paso-Las Cruces-Alamogordo 17 Interstate AQCR (40 CFR 81.82), the Del Rio Sector is within the Metropolitan San Antonio 18 Intrastate AQCR, and the Laredo and Rio Grande Valley sectors are within the 19 Brownsville-Laredo Intrastate AQCR. Table 3-4 shows the county, state, AQCR, and 20 attainment status for the action area. 21

Table 3-4. Air Quality Control Regions and Attainment Status by Sector 22

County Sector AQCR Attainment Status

El Paso Hudspeth

El Paso Big Bend

El Paso-Las Cruces-Alamogordo Interstate

Maintenance for CO (P) Moderate Nonattainment for PM10 Attainment/unclassified for all other criteria pollutants

Val Verde Maverick

Del Rio Metropolitan San Antonio Intrastate

Attainment/unclassified for all criteria pollutants

Webb Hidalgo Cameron

Laredo Rio Grande Valley

Brownsville-Laredo Intrastate

Attainment/unclassified for all criteria pollutants

Sources: USEPA 2010g, USEPA 2010e, USEPA 2010f, USEPA 2010c Note: P = partial; part of El Paso County is a maintenance area for CO.

El Paso and Hudspeth counties are within the El Paso-Las Cruces-Alamogordo Interstate AQCR 23 (40 CFR 81.82). The TCEQ oversees the implementation of the Federal CAA in the State of 24 Texas. Therefore, all counties are subject to rules and regulations developed by the TCEQ. El 25 Paso County has been characterized by the USEPA as a Federal moderate nonattainment area for 26 PM10 and Federal moderate maintenance area for CO (for part of the county). The El Paso-Las 27

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Cruces-Alamogordo Interstate AQCR has been designated by the USEPA as 1 unclassified/attainment for all other criteria pollutants (USEPA 2010e, USEPA 2010f). 2

Maverick and Val Verde counties are within the Metropolitan San Antonio Intrastate AQCR 3 (40 CFR 81.40). The air quality in the Metropolitan San Antonio Intrastate AQCR has been 4 designated by the USEPA as unclassified/attainment for all other criteria pollutants (USEPA 5 2010f). 6

Webb, Hidalgo, and Cameron counties are within the Brownsville-Laredo Intrastate AQCR 7 (40 CFR 81.135). The air quality in the Brownsville-Laredo Intrastate AQCR has been 8 designated by the USEPA as unclassified/attainment for all other criteria pollutants (USEPA 9 2010f). 10

3.10.3 Environmental Consequences 11

The environmental consequences to local and regional air quality conditions near a proposed 12 Federal action are determined based upon the increases in regulated pollutant emissions relative 13 to existing conditions and ambient air quality. Specifically, the impact in NAAQS “attainment” 14 areas would be considered significant if the net increases in pollutant emissions from the Federal 15 action would result in any one of the following scenarios: 16

Cause or contribute to a violation of any national or state ambient air quality standard 17

Expose sensitive receptors to substantially increased pollutant concentrations 18

Exceed any Evaluation Criteria established by a SIP or permit limitations/requirements 19

Emissions representing an increase of 100 tpy for any attainment criteria pollutant (NOx, 20 VOCs, CO, PM10, PM2.5, SO2), unless the proposed activity qualifies for an exemption 21 under the Federal General Conformity Rule. 22

Although the 100-tpy threshold is not a regulatory-driven threshold, it is being applied as a 23 conservative measure of significance in attainment areas. The rationale for this conservative 24 threshold is that it is consistent with the highest General Conformity de minimis levels for 25 nonattainment areas and maintenance areas. In addition, it is consistent with Federal stationary 26 source major source thresholds for Title V permitting which formed the basis for the 27 nonattainment de minimis levels. 28

Effects on air quality in NAAQS “nonattainment” areas are considered significant if the net 29 changes in project-related pollutant emissions result in any of the following scenarios: 30

Cause or contribute to a violation of any national or state ambient air quality standard 31

Increase the frequency or severity of a violation of any ambient air quality standard 32

Delay the attainment of any standard or other milestone contained in the SIP or permit 33 limitations. 34

The Federal de minimis threshold emissions rates were established by USEPA in the General 35 Conformity Rule to focus analysis requirements on those Federal actions with the potential to 36

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affect air quality substantially. Table 3-5 presents these thresholds, by regulated pollutant. As 1 shown in Table 3-5, de minimis thresholds vary depending on the severity of the nonattainment 2 area classification. 3

Table 3-5. Conformity de minimis Emissions Thresholds 4

Pollutant Status Classification de minimis Limit (tpy)

O3 (measured as NOx or VOCs)

Nonattainment

Extreme 10

Severe 25

Serious 50

Moderate/marginal (inside ozone transport region) 50 (VOCs)/100 (NOx)

All others 100

Maintenance Inside ozone transport region 50 (VOCs)/100 (NOx)

Outside ozone transport region 100

CO Nonattainment/ maintenance

All 100

PM10 Nonattainment/ maintenance

Serious 70

Moderate 100

Not Applicable 100 PM2.5 (measured directly, as SO2, or as NOx)

Nonattainment/ maintenance

All 100

SO2 Nonattainment/ maintenance

All 100

NOx Nonattainment/ maintenance

All 100

Source: 40 CFR 93.153

With respect to the General Conformity Rule, effects on air quality would be considered 5 significant if the proposed Federal action would result in an increase of a nonattainment or 6 maintenance area’s emissions inventory above the de minimis threshold levels established in 7 40 CFR 93.153(b) for individual nonattainment pollutants or for pollutants for which the area has 8 been redesignated as a maintenance area. 40 CFR 93.153(c) exempts certain Federal actions 9 from a general conformity determination. 10

In addition to the de minimis emissions thresholds, Federal PSD regulations define air pollutant 11 emissions to be significant if the source is within 10 kilometers of any Class I area, and 12 stationary source emissions would cause an increase in the concentration of any regulated 13 pollutant in the Class I area of 1 μg/m3 or more (40 CFR 52.21[b][23][iii]). 14

3.10.3.1 Alternative 1: Proposed Action 15

Short-term, negligible to minor, adverse impacts on air quality would be anticipated from 16 implementing the Proposed Action. The Proposed Action would only generate temporary air 17 pollutant emissions. The maintenance and repair activities associated with the Proposed Action 18

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would generate air pollutant emissions because of grading, filling, compacting, trenching, and 1 other maintenance and repair activities, but these emissions would be temporary and would not 2 be expected to generate any offsite effects. The Proposed Action would not result in a net 3 increase in personnel or commuter vehicles. Therefore, the emissions associated with the 4 Proposed Action from existing personnel and commuter vehicles would not result in an adverse 5 impact on local or regional air quality. 6

Maintenance and repair activities would result in short-term emissions of criteria pollutants as 7 combustion products from construction equipment. Emissions of all criteria pollutants would 8 result from maintenance and repair activities including combustion of fuels from on-road haul 9 trucks transporting materials and personnel commuter emissions. 10

Fugitive dust emissions would be greatest during initial site-preparation activities and would 11 vary from day to day depending on the type of maintenance and repair, level of activity, and 12 prevailing weather conditions. The quantity of uncontrolled fugitive dust emissions from 13 maintenance and repair activities is proportional to the area of land being worked and the level of 14 activity. 15

Appropriate BMPs and mitigation measures would be adopted to reduce fugitive dust and other 16 emissions to the greatest extent possible (see Appendix E). All of the standards developed are 17 based on comprehensive engineering analysis, proven BMPs adopted by other Federal agencies, 18 and mitigation measures derived from extensive consultation with both regulatory and resource 19 agencies. 20

Texas has extensive laws requiring BMPs to reduce fugitive dust and other emissions from 21 maintenance and repair projects. These BMPs are displayed in Appendix E. No additional 22 BMPs above what is required by regulation were deemed needed for the Proposed Action. 23

For the purpose of analysis in this EA, the total mileage of roadways currently used by CBP was 24 obtained to estimate air emissions associated with the Proposed Action. The exact road mileage 25 maintained and repaired by CBP within Texas could change over time to accommodate CBP 26 needs (e.g., illegal border activity shifted to another area requiring USBP agents to use different 27 roadways). Therefore, the miles of roads associated with the Proposed Action should be 28 considered somewhat flexible and not constrained by a quantifiable number. It is estimated that 29 every 3 months, approximately 5 percent of roadways analyzed in this EA would be graded, for a 30 total of 20 percent of roadways graded annually. All other portions of the tactical infrastructure 31 would require other routine maintenance and repair activities such as filling potholes, vegetative 32 management, soil stabilization measures, and minor repairs. Table 3-6 describes the 33 approximate mileage and acreage that would be graded annually by sector. Appendix G 34 contains air quality emissions calculations for the Proposed Action. 35

Under the General Conformity rule, a number of different Federal activities are exempt. The 36 exemption under 40 CFR 93.153(c)(iv) of the General Conformity rules states, “routine 37 maintenance and repair activities, including repair and maintenance of administrative sites, 38 roads, trails, and facilities” are exempt from General Conformity. All proposed activities 39 associated with the Proposed Action would include routine maintenance and repair activities and 40 are considered to be exempt under the General Conformity rule. If any future actions would 41 require constructing new road networks, significant upgrades to existing roadways, expanding 42

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roads or drainages, or installing new mission-support equipment, separate NEPA analysis would 1 be required. 2

Table 3-6. Approximate Tactical Infrastructure Maintenance and Repair Area 3 Proposed to be Graded, by Sector in Texas 4

Sector Approximate Mileage of

Tactical Infrastructure without Prior NEPA Documentation

Mileage Included in Air Quality Analysis

Area Included in Air Quality Analysis

(acres)

El Paso 55 11 27

Del Rio 1,030 206 499

Laredo 30 6 15

Big Bend 90 18 44

Rio Grande Valley 560 112 272

Total 1,765 353 857

Assumptions for mileage included in air quality analysis: 1. Every 3 months approximately 5 percent of roadways considered in this EA would be graded annually for a total

of 20 percent. The remaining portions would only include other routine maintenance and repair activities. 2. Area of land disturbance assumes a width of 20 feet multiplied by the length. Note: El Paso Sector example: 11 miles x 5,280 feet/mile x 20 feet wide / 43,560 ft2/acre = 27 acres

El Paso-Las Cruces-Alamogordo Interstate AQCR 5

El Paso County has been characterized by the USEPA as a Federal moderate nonattainment area 6 for PM10 and Federal moderate maintenance area for CO (partial), and the El Paso-Las Cruces-7 Alamogordo Interstate AQCR has been designated by the USEPA as unclassified/attainment for 8 all other criteria pollutants (USEPA 2010g, USEPA 2010e). The Proposed Action would 9 generate emissions well below de minimis levels for all criteria pollutants. All emissions would 10 be short-term. In addition, activities planned within El Paso County qualify for exemption under 11 the General Conformity Rule. Therefore, the maintenance and repair activities associated with 12 the Proposed Action would not have significant effects on regional or local air quality. 13

San Antonio Intrastate AQCR and Brownsville-Laredo Intrastate AQCR 14

The Metropolitan San Antonio Intrastate AQCR and the Brownsville-Laredo Intrastate AQCR 15 have been designated by the USEPA as unclassified/attainment for all criteria pollutants (USEPA 16 2010f). The Proposed Action would generate emissions well below de minimis levels with the 17 exception of fugitive dust (PM10). Although PM10 emissions would be above 100 tpy, all 18 emissions would be short-term. In addition, activities planned within the Del Rio Sector would 19 have qualified for exemption under the General Conformity Rule if the Del Rio Sector was in a 20 nonattainment or maintenance area. Therefore, the maintenance and repair activities associated 21 with the Proposed Action in the San Antonio Intrastate AQCR and the Brownsville-Laredo 22 Intrastate AQCR would not have significant effects on regional or local air quality. 23

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Greenhouse Gas Emissions. The Proposed Action would contribute directly to emissions of 1 GHG from the combustion of fossil fuels from maintenance and repair activities and commuting 2 of support personnel. CO2 accounts for 92 percent of all GHG emissions; electric utilities are the 3 primary source of anthropogenic CO2, followed by transportation. 4

The Energy Information Agency (EIA) estimates that in 2008, gross CO2 emissions in the State 5 of Texas were 622.7 million metric tons of CO2 equivalents (EIA 2010). Annual activities 6 associated with the maintenance and repair of tactical infrastructure in Texas would emit 7 approximately 1,800 metric tons of CO2. Total annual CO2 emissions from the Proposed Action 8 in the State of Texas would be 0.0003 percent of the state CO2 emissions and, therefore, would 9 represent a negligible contribution towards statewide GHG inventories. 10

Class I Areas. According to 40 CFR Part 81, Big Bend National Park, a Federal Class I area, is 11 within the action area (see Figure 3-1). Because all emissions associated with the Proposed 12 Action within the Big Bend National Park Class I area are not from stationary sources, PSD 13 requirements do not apply, including the PSD trigger for impact on Class I areas. There are no 14 other Class I areas in the vicinity of the action area (USEPA 2011a). 15

3.10.3.2 Alternative 2: No Action Alternative 16

Under the No Action Alternative, tactical infrastructure maintenance and repair activities along 17 the U.S./Mexico international border in Texas would continue. Tactical infrastructure would be 18 maintained and repaired on an as-needed basis, and short- and long-term, negligible to minor, 19 adverse impacts on air quality would be anticipated from emissions associated with combustion 20 of fossil fuels, particulate matter, and fugitive dust emissions. The No Action Alternative would 21 be expected to result in greater impacts on air quality than the Proposed Action because a 22 proactive approach to maintenance and repair would not occur, and reactive maintenance could 23 entail a more spatially and temporally concentrated use of construction equipment. In addition, 24 the No Action Alternative does not guarantee that all BMPs would be implemented during 25 emergency repair activities, such as the wetting of soil to minimize fugitive dust emissions. 26

3.11 NOISE 27

3.11.1 Definition of the Resource 28

Sound is defined as a particular auditory effect produced by a given source, for example the 29 sound of rain on a rooftop. Noise and sound share the same physical aspects, but noise is 30 considered a disturbance while sound is defined as an auditory effect. Noise is defined as any 31 sound that is undesirable because it interferes with communication, is intense enough to damage 32 hearing, or is otherwise annoying. Noise can be intermittent or continuous, steady or impulsive, 33 and can involve any number of sources and frequencies. It can be readily identifiable or 34 generally nondescript. Human response to increased sound levels varies according to the source 35 type, characteristics of the sound source, distance between source and receptor, receptor 36 sensitivity, and time of day. How an individual responds to the sound source will determine if 37 the sound is viewed as music to one’s ears or as annoying noise. Affected receptors are specific 38 (e.g., schools, churches, or hospitals) or broad areas (e.g., nature preserves or designated 39 districts) in which occasional or persistent sensitivity to noise above ambient levels exists. 40

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Noise Metrics and Regulations. Although human response to noise varies, measurements can 1 be calculated with instruments that record instantaneous sound levels in decibels. A-weighted 2 decibel (dBA) is used to characterize sound levels that can be sensed by the human ear. 3 “A-weighted” denotes the adjustment of the frequency range to what the average human ear can 4 sense when experiencing an audible event. The threshold of audibility is generally within the 5 range of 10 to 25 dBA for normal hearing. The threshold of pain occurs at the upper boundary of 6 audibility, which is normally in the region of 135 dBA (USEPA 1981a). Table 3-7 compares 7 common sounds and shows how they rank in terms of the effects on hearing. As shown, a 8 whisper is normally 30 dBA and considered to be very quiet while an air conditioning unit 9 20 feet away is considered an intrusive noise at 60 dBA. Noise levels can become annoying at 10 80 dBA and very annoying at 90 dBA. To the human ear, each 10 dBA increase seems twice as 11 loud (USEPA 1981b). 12

Table 3-7. Sound Levels and Human Response 13

Noise Level (dBA)

Common Sounds Effect

10 Just audible Negligible*

30 Soft whisper (15 feet) Very quiet

50 Light auto traffic (100 feet) Quiet

60 Air conditioning unit (20 feet) Intrusive

70 Noisy restaurant or freeway traffic Telephone use difficult

80 Alarm clock (2 feet) Annoying

90 Heavy truck (50 feet) or city traffic Very annoying; Hearing damage (8 hours)

100 Garbage truck Very annoying*

110 Pile drivers Strained vocal effort*

120 Jet takeoff (200 feet) or auto horn (3 feet) Maximum vocal effort

140 Carrier deck jet operation Painfully loud

Source: USEPA 1981b, *HDR extrapolation

Under the Noise Control Act of 1972, OSHA established workplace standards for noise. The 14 minimum requirement states that constant noise exposure must not exceed 90 dBA over an 15 8-hour period. The highest allowable sound level to which workers can be constantly exposed to 16 is 115 dBA and exposure to this level must not exceed 15 minutes within an 8-hour period. The 17 standards limit instantaneous exposure, such as impact noise, to 140 dBA. If noise levels exceed 18 these standards, employers are required to provide hearing protection equipment that would 19 reduce sound levels to acceptable limits. 20

Construction Sound Levels. Maintenance and repair work can cause an increase in sound that is 21 well above the ambient level. A variety of sounds are emitted from loaders, trucks, saws, and 22 other work equipment. Table 3-8 lists noise levels associated with common types of 23 construction equipment. 24

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Table 3-8. Predicted Noise Levels for Maintenance and Repair Equipment 1

Equipment Predicted Noise Level

at 50 feet (dBA)

Bulldozer 80

Grader 80–93

Truck 83–94

Roller 73–75

Backhoe 72–93

Jackhammer 81–98

Concrete mixer 74–88

Welding generator 71–82

Paver 86–88

Source: USEPA 1971

3.11.2 Affected Environment 2

The majority of areas along the U.S./Mexico international border in Texas are characterized by 3 mountain and desert landscapes to the west, and floodplain areas to the east. Property uses along 4 the border include public lands, national park, wildlife refuge, military reservation, 5 residential/commercial, and farm/ranch land. The proposed maintenance and repair of tactical 6 infrastructure is adjacent to both urban/mixed use areas and rural/undeveloped areas. The areas 7 immediately to the north of the U.S./Mexico international border are largely rural/undeveloped 8 areas. Prominent sources of noise in these areas are most likely from vehicle traffic, aircraft, and 9 agricultural equipment. The closest populations in the El Paso sector include those in the cities 10 of El Paso, Socorro, San Elizario, Tornillo, and Fort Hancock. In the Big Bend Sector, the City 11 of Presidio is within the action area. Civilian populations in proximity to tactical infrastructure 12 in the Del Rio Sector are within the cities of Del Rio, Spofford, Eagle Pass, El Indio, and 13 Catarina. Civilian populations in proximity to tactical infrastructure in the Laredo Sector are 14 within the cities of Laredo and Rio Bravo. Finally, civilian populations in proximity to the 15 action area in the Rio Grande Valley Sector include those in Sullivan City, and the cities of 16 McAllen, Los Ebanos, Granjeno, Hidalgo, Santa Maria, Los Indios, La Paloma, Ranchito, El 17 Calaboz, San Pedro, and Brownsville, among others. 18

The areas south of the action area in Mexico include the cities of Juarez, Ojinaga, Ciudad Acuna, 19 Piedras Negras, Nuevo Laredo, Ciudad Miguel Aleman, Reynosa, Nuevo Progreso, and Heroica 20 Matamoros, which are urban/mixed use areas. Prominent sources of noise in these areas are 21 most likely from vehicle traffic and local industry. The closest populations in Mexico are 22 approximately 50 feet from the action area. Areas outside of the urban centers in Mexico are 23 largely rural/undeveloped. Prominent sources of noise in these areas are most likely from 24 vehicle traffic and agricultural equipment. 25

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3.11.3 Environmental Consequences 1

Noise impact analyses typically evaluate potential changes to the existing noise environment that 2 would result from implementation of a proposed action. Potential changes in the acoustical 3 environment can be beneficial (i.e., if they reduce the number of sensitive receptors exposed to 4 unacceptable noise levels or reduce the ambient sound level), negligible (i.e., if the total number 5 of sensitive receptors exposed to unacceptable noise levels is essentially unchanged), or adverse 6 (i.e., if they result in increased sound exposure to unacceptable noise levels or ultimately 7 increase the ambient sound level). Projected noise effects were evaluated qualitatively for the 8 alternatives considered. 9

3.11.3.1 Alternative 1: Proposed Action 10

Maintenance and repair of tactical infrastructure would occur sporadically along the U.S./Mexico 11 international border. Long-term, periodic, negligible to minor, adverse effects on the ambient 12 noise environment would occur. 13

The specific noise levels and effects would vary depending on the location, type, and quantity of 14 maintenance or repair being performed, and the distance from the source of the noise to sensitive 15 populations. Maintenance and repair activities usually involve the use of more than one piece of 16 equipment simultaneously (e.g., paver and haul truck). To predict how maintenance and repair 17 activities would impact populations, noise from probable maintenance and repair activities was 18 estimated. The cumulative noise from a paver and haul truck was estimated to determine the 19 total impact of noise from maintenance and repair activities at a given distance. As stated in 20 Section 3.11.2, the nearest populations vary depending on location; however, the majority of 21 area considered in this EA is sparsely populated or uninhabited. Examples of expected 22 cumulative maintenance and repair noise during daytime hours at specified distances are shown 23 in Table 3-9. These sound levels were predicted at 50, 300, 500, 1,000, and 3,000 feet from the 24 source of the noise. 25

Table 3-9. Predicted Noise Levels from Maintenance and Repair Activities 26

Distance from Noise Source Predicted Noise Level

50 feet 92 dBA

300 feet 76 dBA

500 feet 72 dBA

1,000 feet 66 dBA

3,000 feet 56 dBA

Noise-sensitive receptors in remote areas could be more sensitive to noise disturbances than 27 those in urban environments; however, the noise from equipment used for maintenance and 28 repair activities would be localized, short-term, and intermittent during machinery operations. 29 The proposed maintenance and repair activities would be expected to result in noise levels 30 comparable to those indicated in Table 3-9. Noise levels of up to 92 dBA would occur in the 31 areas where maintenance and repair activities were occurring for the duration of those activities 32

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during normal working hours (i.e., approximately 7:00 a.m. to 5:00 p.m., depending on local 1 ordinances). 2

3.11.3.2 Alternative 2: No Action Alternative 3

Impacts on noise from the No Action Alternative would be similar to those described for the 4 Proposed Action (see Section 3.11.3.1); however, it can be reasonably anticipated that the 5 maintenance and repair activities would occur less frequently, in fewer locations along the 6 U.S./Mexico international border in Texas. For this reason, populations within 1,000 feet of the 7 proposed maintenance and repair activities would have the potential to experience less of a 8 long-term, adverse effect than that described for the Proposed Action. However, short-term 9 impacts on noise from implementing the No Action Alternative could be greater than the 10 Proposed Action because it is possible that the reactive activities would occur on a larger scale. 11

3.12 CULTURAL RESOURCES 12

3.12.1 Definition of the Resource 13

“Cultural resources” is an umbrella term for many heritage-related resources defined in several 14 Federal laws and EOs, including the NHPA, the Archeological and Historic Preservation Act 15 (ARHA), the American Indian Religious Freedom Act (AIRFA), the Archaeological Resources 16 Protection Act, and the Native American Graves Protection and Repatriation Act (NAGPRA). 17 The NHPA focuses on cultural resources such as prehistoric and historic sites, buildings and 18 structures, districts, or other physical evidence of human activity considered important to a 19 culture, a subculture, or a community for scientific, traditional, religious, or other reasons. Such 20 resources might provide insight into the cultural practices of previous civilizations or retain 21 cultural and religious significance to modern groups. Resources judged important under criteria 22 established in the NHPA are considered eligible for listing in the National Register of Historic 23 Places (NRHP). These resources are termed “historic properties” and are protected under the 24 NHPA. 25

NAGPRA requires consultation with culturally affiliated Native American tribes for the 26 disposition of Native American human remains, burial goods, and cultural items recovered from 27 federally owned or controlled lands. Typically, cultural resources are subdivided into 28 archaeological sites (prehistoric or historic sites containing physical evidence of human activity 29 but no standing structures); architectural sites (buildings or other structures or groups of 30 structures, or designed landscapes that are of historic or aesthetic significance); and sites of 31 traditional, religious, or cultural significance to Native American tribes. 32

Archaeological resources comprise areas where human activity has measurably altered the earth 33 or deposits of physical remains are found (i.e., artifacts). Architectural resources include 34 standing buildings, bridges, dams, and other structures of historic or aesthetic significance. 35 Generally, architectural resources must be more than 50 years old to warrant consideration for 36 the NRHP. More recent structures, such as Cold War-era resources, might warrant protection if 37 they are of exceptional importance or have the potential to gain significance in the future. 38 Resources of traditional, religious, or cultural significance to Native American tribes can include 39 archaeological resources, sacred sites, structures, neighborhoods, prominent topographic 40

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features, habitats, plants, animals, and minerals that Native Americans consider essential for the 1 preservation of their traditional culture. 2

3.12.2 Affected Environment 3

3.12.2.1 Regional Prehistory 4

The earliest well-established occupations in North America are associated with fluted projectile 5 points and date to around 10,000 B.C. The time when the New World was first inhabited by 6 humans is known as the Paleoindian Period. In the western United States, Paleoindians are 7 believed to have been highly mobile big game hunters. The Paleoindian Period is followed by 8 the Archaic Period in southern Texas (c. 6500 B.C.–A.D. 900) (Cordell 1984, Fagan 2005). This 9 period is characterized by a shift to broad-spectrum hunting and gathering, including the 10 exploitation of wild plants and small mammals. The Archaic Period is also characterized by the 11 introduction of ground stone tools to process plants and the spread of the atlatl, or spearthrower, 12 which extended the distance and velocity that a spear could be thrown. 13

The Mogollon tradition (250 B.C. –A.D. 1450) extends into the westernmost portion of Texas. It 14 is characterized by red and brown scraped-and-polished pottery, equal dependence on hunting 15 and agriculture, round pithouse and then rectangular dwellings, large ceremonial structures 16 formally similar to houses, and inhumation. In southern Texas, horticulture was never widely 17 adopted by indigenous groups, who continued a hunting and gathering way of life into historic 18 times (Fagan 2005). The late prehistoric period (after A.D. 900), however, is marked by the 19 adoption of the bow and arrow, and, in some locations, ceramic production. 20

3.12.2.2 Regional History 21

The Gulf Coast of Texas was first mapped in 1519 by the Spanish explorer Alonso Álvarez de 22 Pineda. The first expedition into the Texas interior was led by Álvar Núñez Cabeza de Vaca in 23 1528. Spanish missions were established in Texas as early as 1685, and San Antonio became the 24 first Spanish civilian settlement in 1718. 25

On September 27, 1821, Spain recognized the independence of Mexico. This new country 26 included what is today California, Arizona, New Mexico, and Texas. On March 2, 1836, Mexico 27 recognized the independence of the Republic of Texas. Texas later voted to join the United 28 States and became the 28th state on December 29, 1845. The international border between 29 Texas and Mexico, however, was not established until the Mexican-American War of 1846–30 1848. The Treaty of Guadalupe Hidalgo, which was signed on February 2, 1848, ended the war 31 and formalized the border. The treaty also ceded California and much of modern-day Arizona 32 and New Mexico to the United States. 33

3.12.2.3 Known Cultural Resources 34

In May 2010, HDR prepared a Summary of Cultural Resources Management Reports from the 35 Construction of Tactical Infrastructure, U.S.-Mexico International Border, California, Arizona, 36 New Mexico, and Texas (Church and Hokanson 2010). According to this study, 979.1 miles 37 have been surveyed for cultural resources along the U.S./Mexico international border. A total of 38

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458 archaeological sites, 164 historic structures, and one historic district were identified during 1 these surveys. 2

Approximately 159 miles of project area were surveyed for cultural resources along the 3 U.S./Mexico international border in Texas as part of the VF300 and PF225 programs. This total 4 consists of 56.7 miles of fence in the El Paso Sector, 11 miles of fence in the Big Bend Sector, 5 3.1 miles of fence in the Del Rio Sector, and 70.5 miles of fence (65 miles surveyed) and 6 18 miles of access roads in the Rio Grande Valley Sector. These surveys identified 7 28 archaeological sites, and 164 historic structures and one historic district. These resources are 8 either listed or eligible for listing in the NRHP. Data recovery or extensive subsurface testing 9 was conducted at four sites. 10

3.12.3 Environmental Consequences 11

Adverse effects on cultural resources can include physically altering, damaging, or destroying all 12 or part of a resource; altering characteristics of the surrounding environment that contribute to 13 the resource’s significance; introducing visual or audible elements that are out of character with 14 the property or that alter its setting; neglecting the resource to the extent that it deteriorates or is 15 destroyed; or the sale, transfer, or lease of the property out of agency ownership (or control) 16 without adequate legally enforceable restrictions or conditions to ensure preservation of the 17 property’s historic significance. 18

Ground-disturbing activities associated with the implementation of the proposed action constitute 19 the most relevant potential impact on cultural resources. 20

3.12.3.1 Alternative 1: Proposed Action 21

Under the Proposed Action, ground-disturbing activities would be confined to the existing 22 footprint of the tactical infrastructure. As a result, these activities have negligible or no potential 23 to impact cultural resources. The exception is the grading of roads that have not been previously 24 graded. This activity has the potential to have long-term, minor, adverse impacts on 25 archaeological sites that intersect the roads. Consultation with the Texas SHPO would take place 26 prior to the grading of roads that have not been previously graded. Archaeological surveys of 27 these roads might be required prior to ground-disturbing activities. If previously documented or 28 newly discovered archaeological sites intersect the roads, mitigation measures (including 29 avoidance of the sites) would be implemented. The Proposed Action would therefore have 30 minor, adverse effects on cultural resources. 31

Maintenance and repair activities under the Proposed Action would be covered by a PA between 32 CBP, the ACHP, and SHPO, and Federal agencies or federally recognized tribes that own or 33 manage land along the U.S./Mexico international border. The specific activities covered by the 34 agreement would be defined in the PA. According to a draft of the PA, which is being developed 35 in consultation with the potential signatories listed, CBP is required to determine if all of the 36 actions within the scope of an activity or project are included in the terms and conditions set 37 forth in the PA. If so, CBP is required to document this determination in the project file. CBP 38 can then proceed with the activity or project without further Section 106 review. If the activity 39 or project is not composed entirely of the actions listed in the PA, CBP would be required to 40

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follow the standard Section 106 review process for the activities that are not listed. In other 1 words, CBP is required to comply with Section 106 of the NHPA of 1966, as amended, and its 2 implementing regulations (36 CFR 800) before conducting maintenance and repair activities. 3 The standard Section 106 review process also would be followed prior to execution of the PA. 4 After the PA has been executed, standard Section 106 review would be followed prior to any 5 maintenance and repair activities occurring on the land of agencies that are not signatories to the 6 PA. 7

The potential exists for the unanticipated discovery of cultural resources or human remains 8 during the maintenance and repair of tactical infrastructure. Consequently, CBP would develop 9 appropriate measures that detail crewmember responsibilities for reporting in the event of a 10 discovery during maintenance and repair activities. These measures would also include 11 mitigation procedures to be implemented in the event of a significant unanticipated find. If 12 human remains are discovered, CBP would adhere to the stipulations of Public Resources Code 13 Section 5097.98 and Health and Safety Code 7050 and stop work within 50 feet of the discovery. 14 CBP would then contact the county coroner and a professional archaeologist that meets the 15 Secretary of the Interior’s Professional Qualifications Standards in archaeology or history to 16 determine the significance of the discovery. If appropriate, CBP would also adhere to NAGPRA 17 and its implementing regulations (43 CFR 19). Depending on the recommendations of the 18 coroner or the archaeologist, CBP would consult with the county to establish additional 19 mitigation procedures. Potential mitigation procedures for unanticipated discoveries include 20 avoidance, documentation, excavation, and curation. As a result, potential impacts on cultural 21 resources discovered during the maintenance and repair of tactical infrastructure would be minor. 22

3.12.3.2 Alternative 2: No Action Alternative 23

The No Action Alternative has the potential to impact historic properties and have an adverse 24 effect on cultural resources. Under the No Action Alternative, maintenance and repair would 25 take place on an ad hoc basis. There would be no systematic program to maintain and repair 26 tactical infrastructure. As a result, tactical infrastructure could degrade to the point that 27 emergency repairs would be required, which could result in ground-disturbing activities outside 28 the existing footprint of the tactical infrastructure. Ground-disturbing activities outside of the 29 existing footprint could disturb previously unidentified cultural resources. The No Action 30 Alternative does not guarantee that BMPs would be implemented during emergency repair 31 activities. 32

Under the No Action Alternative, maintenance and repair activities would be covered by a PA as 33 described in Section 3.12.3.1. Unanticipated find procedures under the No Action Alternative 34 would be identical to those of the Proposed Action. 35

3.13 ROADWAYS AND TRAFFIC 36

3.13.1 Definition of the Resource 37

The transportation resource is defined as the system of roadways and highways that is within or 38 near to the action area and could reasonably be affected by the Proposed Action. Traffic relates 39 to changes in the number of vehicles on roadways and highways because of the Proposed Action. 40

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3.13.2 Affected Environment 1

Interstate (I) 10 and the smaller Texas Highway (TX) 20 are the primary roadways in the far 2 western portion of the region of the analysis. Both roadways roughly parallel the U.S./Mexico 3 international border from the New Mexico/Texas state line to Fort Hancock. Numerous primary, 4 secondary, and tertiary roadways intersect I-10 and TX-20 including the extensive roadway 5 network within the City of El Paso. US-90 is the primary road through much of the west-central 6 part of the action area. US-90 extends from the cities of Van Horn to Del Rio. US-67 and 7 US-385, which extend to the north from the U.S./Mexico international border, intersect US-90 in 8 Marfa and Marathon, respectively. The two primary highways in the east-central and far eastern 9 portions of the action area are US-277, which extends from Del Rio through Eagle Pass before 10 ending in Carrizo Springs, and US-83, which extends from Carrizo Springs to Brownsville. 11 Major intersecting roadways include US-57 at Eagle Pass, I-35 and US-59 at Laredo, US-281 at 12 McAllen, US-77 at Harlingen, and TX-48 at Brownsville. Numerous paved and unpaved tertiary 13 roadways are present throughout much of the region. 14

The majority of access roads proposed for maintenance and repair are classified as FC-3 and 15 FC-4 access roads (see Appendix C for more detailed definitions). These access roads are 16 primarily used by the USBP to limit illegal border intrusion and very little public traffic is 17 present due to the remoteness of the region. Additionally, many of the access roads are owned 18 by private landowners and are not accessible to the public. Features such as bridges, low water 19 crossings, security gates, and storm water drainage culverts are present along many of the FC-3 20 and some FC-4 roads of the region. 21

Common issues with the roadways proposed for maintenance and repair include flooding, 22 erosion, and the overgrowth of vegetation. Improper management of storm water can cause 23 water to pond at low points and create flooding deep enough to obstruct vehicles. Improper 24 management of storm water can also cause erosion that leads to potholes and washouts. Over 25 long periods, erosion can wash out entire sections of roadway and in many instances make roads 26 impassable. Vegetative growth can encroach into the roadways creating obstructions and visual 27 impairments. 28

3.13.3 Environmental Consequences 29

Impacts on transportation are evaluated by how well existing roadways can accommodate 30 changes in traffic. Adverse effects would occur if drivers experience high delays because the 31 Proposed Action altered traffic patterns beyond existing lane capacity or resulted in the closures 32 or detours of roadways. 33

3.13.3.1 Alternative 1: Proposed Action 34

Short-term, negligible to minor, adverse effects on transportation would be expected from the 35 Proposed Action due to short-term, local increases in traffic from the vehicles conducting 36 maintenance and repair activities. Long-term, minor to moderate, beneficial effects on 37 transportation would be expected by improving the conditions of the roadways. Traffic impacts 38 would be most notable closer to the location of a given maintenance and repair activity and less 39 noticeable farther away. Larger highways such as US-90, I-10, and other Texas highways would 40

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experience no noticeable change in traffic volume. A slight increase in traffic volume on the 1 smaller, single-lane roadways might be noticeable but would affect very few people due to the 2 remoteness of the region. Due to the limited number of vehicles anticipated to be needed for the 3 proposed maintenance and repair activities, impacts on traffic volume would be negligible to 4 minor. 5

The tactical infrastructure maintenance and repair activities focusing on the roadways themselves 6 would likely cause short-term roadway closures and detours while work is underway. Because 7 most of the roadways proposed for maintenance and repair are used solely by USBP, the public 8 would not be impacted by these roadway closures or detours. The roadway closures and detours 9 would be temporary, so USBP personnel accessing the tactical infrastructure would experience 10 only minor disruptions. In addition, maintenance and repair activities would be spread over time 11 and scattered across the entire action area. As such, all short-term effects on transportation 12 would be expected to be limited. 13

Long-term, minor to moderate, beneficial effects on transportation would be expected. Roadway 14 maintenance and repair would be prioritized and this would lessen the potential for the gradual 15 degradation of the roadways by conducting thoughtful regional-scale, preventative maintenance 16 rather than only making small-scale, reactionary repairs as is currently done. The Proposed 17 Action would prevent the roadways from falling into disrepair and improve the condition of 18 those roadways that have already fallen into disrepair. 19

It is possible that the Proposed Action would result in increased public use of access roads. For 20 areas already authorized for unrestricted public access, improving road maintenance would result 21 in a long-term, beneficial effect. For protected areas, road maintenance would be coordinated 22 with the land management agency to ensure that any potential for increased public use would be 23 consistent with the agency’s policies. Improvements to the quality of roads used by USBP 24 would allow for faster, safer, and more efficient responses by the USBP to threats. Better quality 25 roads would lessen the wear and tear on USBP vehicles and minimize the potential for blown 26 tires, damaged vehicle components, and stuck vehicles. Improvements to these roadways would 27 not increase the amount of long-term traffic because patrols by USBP would not increase in 28 frequency, and most of the roads proposed for repair and maintenance are not used by the public. 29

3.13.3.2 Alternative 2: No Action Alternative 30

The No Action Alternative would result in greater short-term, and fewer long-term impacts on 31 roadways and traffic when compared to the Proposed Action. Existing CBP roadway 32 maintenance and repair procedures would continue as described in Section 3.13.3.1. The 33 roadways proposed by CBP for maintenance and repair under the No Action Alternative would 34 continue to be repaired on an as-needed basis. As such, most roadway repairs would be reactive 35 to immediate issues affecting these roadways and would not address the long-term preventative 36 maintenance requirements. Repairs performed on an as-needed basis would not be considered 37 sustainable in quality because they would result in gradual degradation of these roadways. The 38 No Action Alternative would result in greater impacts on roadways and traffic than the Proposed 39 Action. The No Action Alternative could entail larger and longer disruptions in the flow of 40 traffic due to reactionary maintenance and repair activities that potentially require greater 41 attention than those associated with a preventative maintenance plan. Conversely, the periodic 42

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maintenance and repair activities as discussed under the Proposed Action would result in more 1 occurrences of minor roadwork and fewer occurrences of major roadwork, which would be 2 anticipated to result in a shorter disruption to the flow of traffic. 3

3.14 HAZARDOUS MATERIALS AND WASTE MANAGEMENT 4

3.14.1 Definition of the Resource 5

Hazardous materials are defined by 49 CFR 171.8 as “hazardous substances, hazardous wastes, 6 marine pollutants, elevated temperature materials, materials designated as hazardous in the 7 Hazardous Materials Table (49 CFR 172.101), and materials that meet the defining criteria for 8 hazard classes and divisions” in 49 CFR Part 173. Transportation of hazardous materials is 9 regulated by the U.S. Department of Transportation regulations within 49 CFR Parts 105–180. 10

A hazardous substance, pursuant to the Comprehensive Environmental Response, Compensation, 11 and Liability Act (CERCLA) (42 U.S.C. §9601(14)), is defined as “(A) any substance designated 12 pursuant to section 1321(b)(2)(A) of Title 33; (B) any element, compound, mixture, solution, or 13 substance designated pursuant to section 9602 of this title; (C) any hazardous waste having the 14 characteristics identified under or listed pursuant to section 3001 of RCRA , as amended, 15 (42 U.S.C. §6921); (D) any toxic pollutant listed under section 1317(a) of Title 33; (E) any 16 HAPs listed under section 112 of the CAA (42 U.S.C. §7412); and (F) any imminently hazardous 17 chemical substance or mixture which the Administrator of USEPA has taken action pursuant to 18 section 2606 of Title 15.” The term hazardous substance does not include petroleum products. 19

Hazardous wastes are defined by RCRA at 42 U.S.C. §6903(5), as amended by the Hazardous 20 and Solid Waste Amendments, as: “a solid waste, or combination of solid wastes, which because 21 of its quantity, concentration, or physical, chemical, or infectious characteristics may (A) cause, 22 or significantly contribute to an increase in mortality or an increase in serious irreversible, or 23 incapacitating reversible, illness; or (B) pose a substantial present or potential hazard to human 24 health or the environment when improperly treated, stored, transported, or disposed of, or 25 otherwise managed.” Certain types of hazardous wastes are subject to special management 26 provisions intended to ease the management burden and facilitate the recycling of such materials. 27 These are called universal wastes and their associated regulatory requirements are specified in 28 40 CFR Part 273. 29

Special hazards are those substances that might pose a risk to human health and are addressed 30 separately from other hazardous substances. Special hazards include asbestos-containing 31 material (ACM), PCBs, and lead-based paint (LBP). The USEPA is given authority to regulate 32 these special hazard substances by the TSCA Title 15 U.S.C. Chapter 53. USEPA has 33 established regulations regarding asbestos abatement and worker safety under 40 CFR Part 763 34 with additional regulation concerning emissions (40 CFR Part 61). Whether from lead 35 abatement or other activities, depending on the quantity or concentration, the disposal of the LBP 36 waste is potentially regulated by the RCRA at 40 CFR 260. The disposal of PCBs is addressed 37 in 40 CFR Parts 750 and 761. 38

Pesticides are regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 39 of 1947 (40 CFR Parts 150–189). In 1972, Congress enacted the Federal Environmental 40 Pesticide Control Act, which amended FIFRA by specifying methods and standards of control in 41

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greater detail. Subsequent amendments have clarified the duties and responsibilities of the 1 USEPA. These regulations stipulate the USEPA must regulate all pesticides that are sold and 2 distributed in the United States. The term “pesticides” includes pesticides, herbicides, 3 rodenticides, antimicrobial products, biopesticides, and other substances used to control a wide 4 variety of pests. 5

EO 12088, Federal Compliance with Pollution Control Standards, as amended, directs Federal 6 agencies to (1) comply with “applicable pollution control standards,” in the prevention, control, 7 and abatement of environmental pollution; and (2) consult with the USEPA, state, interstate, and 8 local agencies concerning the best techniques and methods available for the prevention, control, 9 and abatement of environmental pollution. 10

Evaluation of hazardous materials and wastes focuses on the storage, transport, handling, and use 11 of pesticides, herbicides, petroleum products, fuels, solvents, and other hazardous substances. 12 Evaluation also extends to generation, storage, transportation, and disposal of hazardous wastes 13 when such activity occurs at or near the project site. In addition to being a threat to humans, the 14 improper release of hazardous materials and wastes can threaten the health and well-being of 15 wildlife species, botanical habitats, soil systems, and water resources. In the event of release of 16 hazardous materials or wastes, the extent of contamination varies based on the type of soil, 17 topography, and water resources. 18

Solid waste management primarily relates to the availability of landfills to support a population’s 19 residential, commercial, and industrial needs. Alternative means of waste disposal include 20 waste-to-energy programs and incineration. In some localities, landfills are designed specifically 21 for, and limited to, disposal of construction and demolition debris. Recycling programs for 22 various waste categories (e.g., glass, metals, papers, asphalt, and concrete) reduce reliance on 23 landfills for disposal. 24

3.14.2 Affected Environment 25

The management of hazardous substances, petroleum products, hazardous and petroleum wastes, 26 pesticides, solid waste, ACMs, LBP, and PCBs are regulated by Federal and state agencies. 27 Each state has its own regulatory agency and associated regulations. The state agencies either 28 adopt the Federal regulations or have their own regulations that are more restrictive than the 29 Federal regulations. The following sections address the regulatory agencies and existing 30 conditions of these materials. 31

Likewise, the Federal government and state agencies also have regulations for the handling, 32 disposal, and remediation of special hazards; however, the nature and age of the tactical 33 infrastructure is such that the handling or disposal of these materials is unlikely for the activities 34 associated with the Proposed Action. 35

Hazardous Substances, Petroleum Products, and Hazardous and Petroleum Wastes. The 36 TCEQ regulates the management of hazardous substances, petroleum products, and hazardous 37 and petroleum wastes in Texas. The Texas Petroleum Storage Tank Program is a comprehensive 38 regulatory program for underground storage tanks (USTs), and to a lesser extent, aboveground 39 storage tanks (ASTs). Regulated USTs are subject to extensive administrative and technical 40 standards, including requirements for registration, installation, upgrades, repairs, removals, 41

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release reporting, corrective action, financial assurance, fees, contractor registration, reporting, 1 and record keeping. The TCEQ also regulates the permitting, handling, and disposal of 2 hazardous and petroleum wastes. 3

The Waste Reduction Policy Act of 1991 was adopted by the Texas Legislature to prevent 4 pollution in Texas. The TCEQ adopted the corresponding rule. This act requires that certain 5 facilities handling hazardous materials and waste prepare a five-year Pollution Prevention Plan. 6

USBP or its contractors currently store, transport, handle, use, generate, and dispose of various 7 types and quantities of hazardous substances, petroleum products, and hazardous and petroleum 8 wastes as a result of conducting tactical infrastructure maintenance and repair activities on an 9 as-needed basis. These materials are used for or generated directly from the maintenance and 10 repair activities, and the operation and maintenance of the equipment necessary for maintaining 11 and repairing the tactical infrastructure. The primary hazardous substances and petroleum 12 products likely include materials such as lead-acid batteries, motor oil, antifreeze, paint and paint 13 thinners, cleaners, hydraulic oils, lubricants, and liquid fuels (diesel and gasoline). The 14 hazardous substances, petroleum products, and hazardous and petroleum wastes are stored at 15 various USBP or contractor maintenance shops and managed in accordance with each group’s 16 respective hazardous materials standard operating procedures (SOPs). The hazardous and 17 petroleum wastes are recycled or disposed of offsite in accordance with Federal, state, and local 18 regulations. 19

There are several public and private storage areas, facilities, maintenance areas, and other 20 operations that store, transport, handle, use, generate, and dispose of various types and quantities 21 of hazardous substances, petroleum products, and hazardous and petroleum wastes within and 22 near the action area (CBP 2007b, CBP 2008c, CBP 2008d, CBP 2008f). 23

USBP stations within the action area that are listed in the USEPA RCRAInfo database are 24 McAllen, Fabens, Del Rio, and El Paso Headquarters. McAllen, Del Rio, and El Paso 25 Headquarters are listed as inactive RCRA hazardous waste handlers with no current permit. 26 Additionally, the McAllen, Fabens, and El Paso Headquarters stations maintain current UST 27 permits, and the McAllen station maintains an NPDES permit (USEPA 2011b). 28

There are two National Priorities List sites (Crystal City Airport, Crystal City, USEPA ID: 29 TXD980864763; Donna Reservoir and Canal System, Donna, USEPA ID: TX0000605363) 30 within the action area (USEPA 2011c). 31

Pesticides. The Texas Department of Agriculture is designated as the state’s lead agency in the 32 regulation of pesticide use and application through the Pesticide Division. The division is 33 responsible for licensing and training pesticide applicators, overseeing worker protection, 34 registering pesticides for sale in the state, and working to minimize unnecessary impacts on 35 agriculture while enhancing protection of endangered and threatened species as mandated by 36 Federal law. Additionally, the Structural Pest Control Service, part of the Pesticide Division, 37 licenses applicators that make pesticide applications in and around structures. 38

USBP or its contractors currently use small quantities of herbicides for vegetation control in the 39 Texas tactical infrastructure area. The herbicides are stored at various USBP or contractor 40 maintenance shops and applied by certified personnel in accordance with label requirements. 41

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The Texas tactical infrastructure area is heavily agricultural, with elaborate irrigation systems fed 1 by the Rio Grande, and, therefore, is likely to have large volumes of pesticide storage and 2 application. 3

Solid Wastes. The TCEQ is the state agency responsible for the oversight of any person that 4 processes, stores, or disposes of, or arranges for transport to process, store, or dispose of; solid 5 waste owned or possessed by the person or by any other person or entity. 6

USBP or its contractors currently generate, store, transport, and dispose of various types and 7 quantities of solid wastes due to performing tactical infrastructure maintenance and repair 8 activities on an as-needed basis. The solid waste generally consists of vegetation (e.g., tree 9 trimmings) and construction materials (e.g., damaged infrastructure). They are temporarily 10 stored at various USBP or contractor maintenance shops prior to off-site recycling or disposal in 11 accordance with Federal, state, and local regulations. 12

There are several public and private storage areas, facilities, maintenance areas, and other 13 operations that generate, store, transport, and dispose of solid wastes within and near the Texas 14 tactical infrastructure area. 15

Asbestos-Containing Materials. Asbestos is regulated by the USEPA under the CAA, TSCA, 16 and CERCLA. USEPA has established that any material containing more than 1 percent 17 asbestos by weight is considered an ACM. Friable ACM is any material containing more than 18 1 percent asbestos, and that, when dry, can be crumbled, pulverized, or reduced to powder by 19 hand pressure. Nonfriable ACM is any ACM that does not meet the criteria for friable ACM. 20

Based on the nature and age of the tactical infrastructure proposed for maintenance and repair, it 21 is not anticipated to contain asbestos. Additionally, the equipment used to maintain and repair 22 the tactical infrastructure is not likely to contain asbestos. 23

Lead-Based Paint. The Residential Lead-Based Paint Hazard Reduction Act of 1992, Subtitle 24 B, Section 408 (commonly called Title X) regulates the use and disposal of LBP on Federal 25 facilities. Federal agencies are required to comply with applicable Federal, state, and local laws 26 relating to LBP activities and hazards. The use of most LBP was banned in 1978. 27

The tactical infrastructure proposed for maintenance and repair was constructed after 1978 and 28 therefore is not anticipated to contain LBP. Additionally, the equipment used to maintain and 29 repair the tactical infrastructure is not likely to contain LBP. 30

Polychlorinated Biphenyls. PCBs are a group of chemical mixtures used as insulators in 31 electrical equipment such as transformers and fluorescent light ballasts. Federal regulations 32 govern items containing 50 to 499 ppm PCBs. Chemicals classified as PCBs were widely 33 manufactured and used in the United States throughout the 1950s and 1960s. PCB-containing oil 34 is typically found in older electrical transformers and light fixtures (ballasts). 35

Based on the nature and age of the tactical infrastructure, it is not anticipated to contain PCBs. 36 Additionally, the equipment used to maintain and repair the tactical infrastructure is not likely to 37 contain PCBs. PCBs might be found in the electrical transformers within the action area, but 38 maintenance and repair activities are not expected to disturb electrical transformers. 39

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3.14.3 Environmental Consequences 1

Impacts on hazardous materials management would be considered significant if a proposed 2 action resulted in worker, resident, or visitor exposure to these materials above established limits. 3 Impacts on hazardous materials management would be considered significant if the Federal 4 action resulted in noncompliance with applicable Federal and respective state regulations, or 5 increased the amounts generated or procured beyond current CBP hazardous materials 6 management procedures and capacities. 7

An effect on solid waste management would be significant if the proposed action exceeded 8 existing capacity or resulted in a long-term interruption of waste management, a violation of a 9 permit condition, or a violation of an approved plan for that utility. 10

3.14.3.1 Alternative 1: Proposed Action 11

Long-term, negligible to minor, adverse impacts due to hazardous substances, petroleum 12 products, hazardous and petroleum wastes, and pesticides would be expected from 13 implementation of the Proposed Action. Maintenance vehicles containing hazardous substances 14 and petroleum products would be deployed more frequently, than the No Action Alternative, 15 increasing the probability of a spill or release. Prior to pesticide application, TCEQ would be 16 consulted for the appropriate permits or instruction on the quantity and approved application 17 techniques. 18

No impacts due to ACMs, LBP, or PCBs would be expected from implementation of the 19 Proposed Action as the tactical infrastructure it is not anticipated to contain ACMs, LBP, or 20 PCBs. As stated in Section 3.14.2, none of these substances would be expected to be present 21 due to the nature and age of the tactical infrastructure. If maintenance and repair activities 22 require disturbance of a known or encountered solid waste landfill, TCEQ would be consulted 23 prior to disturbance to significantly reduce or eliminate any potential exposure to ACMs, LBP, or 24 PCBs that might be in the landfill. 25

No impacts on solid waste management would be expected from the implementation of the 26 Proposed Action. The volumes of solid waste produced during the repair and maintenance 27 activities would be minimal and are not anticipated to increase. 28

3.14.3.2 Alternative 2: No Action Alternative 29

Long-term, negligible to minor, adverse impacts on solid waste management would be expected 30 due to potentially greater generation. The No Action Alternative is reactive in nature and could 31 eventually result in greater deterioration of tactical infrastructure over time due to lack of 32 preventative maintenance, which could result in more frequent maintenance and repair of tactical 33 infrastructure. This could create greater volumes of solid waste. 34

No impacts due to hazardous substances, petroleum products, hazardous and petroleum wastes, 35 or pesticides would be expected from the implementation of the No Action Alternative. The No 36 Action Alternative would result in the continuation of the existing storage, transport, handling, 37 use, generation, and disposal of hazardous substances, petroleum products, hazardous and 38 petroleum wastes, and pesticides as described in Section 3.14.2. The tactical infrastructure 39

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would continue to be maintained and repaired on an as-needed basis. There would be no new 1 chemicals or toxic substances used or stored. Prior to pesticide application, the respective state 2 agency should be consulted for the appropriate permits or instruction on the quantity and 3 approved application techniques. 4

No impacts due to ACMs, LBP, or PCBs would be expected from implementation of the No 5 Action Alternative. As stated in Section 3.14.2, due to the nature and age of the tactical 6 infrastructure it is not anticipated to contain ACMs, LBP, or PCBs. If maintenance and repair 7 activities require disturbance of a known or encountered solid waste landfill, the respective state 8 regulatory agency would be consulted prior to disturbance to reduce significantly or eliminate 9 any potential exposure to ACMs, LBP, or PCBs that might be in the landfill. The No Action 10 Alternative does not guarantee that all BMPs would be implemented during emergency repair 11 activities. Therefore, the No Action Alternative would result in greater impacts associated with 12 hazardous materials and wastes than the Proposed Action. 13

3.15 SOCIOECONOMIC RESOURCES, ENVIRONMENTAL JUSTICE, AND 14

PROTECTION OF CHILDREN 15

3.15.1 Definition of the Resource 16

Socioeconomic Resources. Socioeconomics is defined as the basic attributes and resources 17 associated with the human environment, particularly population and economic activity. Factors 18 that describe the socioeconomic environment represent a composite of several interrelated and 19 nonrelated factors. There are several factors that can be used as indicators of economic 20 conditions for a geographic area, such as median household income, employment and 21 unemployment rates, percentage of residents living below the poverty level, and employment by 22 business sector. Data on employment can identify gross numbers of employees, employment by 23 industry or trade and unemployment trends. Data on household income in a region can be used 24 to compare the before and after effects of any jobs created or lost as a result of a proposed action. 25 Data on industrial, commercial, and other sectors of the economy provide baseline information 26 about the economic health of a region. After the project, the same data can be gathered again to 27 analyze any impacts from the proposed action to the economic health of the region. 28

Environmental Justice. EO 12898, Federal Actions to Address Environmental Justice in 29 Minority Populations and Low-Income Populations, was issued on February 11, 1994, by 30 President Clinton, and pertains to environmental justice issues and relates to various 31 socioeconomic groups and the health effects that could be imposed on them. This EO requires 32 that Federal agencies’ actions substantially affecting human health or the environment do not 33 exclude persons, deny persons benefits, or subject persons to discrimination because of their 34 race, color, or national origin. The EO was created to ensure the fair treatment and meaningful 35 involvement of all people regardless of race, color, national origin, or income with respect to the 36 development, implementation, and enforcement of environmental laws, regulations, and policies. 37 Consideration of environmental justice concerns includes race, ethnicity, and the poverty status 38 of populations in the vicinity of a proposed action. 39

Protection of Children. EO 13045, Protection of Children from Environmental Health Risks 40 and Safety Risks, states that each Federal agency “(a) shall make it a high priority to identify and 41

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assess environmental health risks and safety risks that may disproportionately affect children; 1 and (b) shall ensure that its policies, programs, activities, and standards address disproportionate 2 risks to children that result from environmental health risks or safety risks.” 3

3.15.2 Affected Environment 4

The geographical area in which a majority of the socioeconomic, environmental justice, and 5 protection of children effects for the alternatives might occur is defined as the ROI. The ROI is 6 considered a primary impact area because it could receive direct and indirect socioeconomic 7 impacts from the proposed maintenance and repair of tactical infrastructure. The ROI for this 8 EA is composed of the counties along the U.S./Mexico international border in Texas. Data and 9 analysis pertaining to housing, schools, and community services within the ROI is excluded from 10 the socioeconomic analysis as the alternatives would not likely result in drastic increases or 11 decreases in demographics or employment characteristics. Subsequently, impacts on the housing 12 market, schools, or community services would not be expected under the proposed alternatives. 13 Therefore, analysis of the housing market, schools, or community services is omitted further 14 from this section. 15

Socioeconomics 16

Demographic Characteristics. The southwestern region of the United States has been 17 characterized by robust population growth over the past 20 years. During the period from 1990 18 to 2010, the population of Texas increased from 16.99 million people in 1990 to 25.15 million 19 people in 2010, a 48 percent increase. Growth in the United States from 1990 to 2010 occurred 20 at rate of 24 percent. Complete population data for Texas and the United States are displayed in 21 Table 3-10 (U.S. Census Bureau 1990, U.S. Census Bureau 2010). 22

Table 3-10. Population for Texas and the United States, 1990, 2000, and 2010 23

Geographic Area 1990 2000 2010 Percent Change

1990 to 2000

2000 to 2010

1990 to 2010

Texas 16,986,510 20,851,820 25,145,561 23% 21% 48%

United States 248,709,873 281,421,906 308,745,712 13% 10% 24%

Source: U.S. Census Bureau 1990, U.S. Census Bureau 2000, U.S. Census Bureau 2010

The largest portion of the U.S./Mexico international border is located in Texas, accounting for 24 1,241 miles of the border, and 21 counties are along the Texas portion of the border. Six 25 counties, Hidalgo, Webb, Starr, Cameron, Zapata, and Maverick, experienced population growth 26 from 1990 to 2010 at a rate greater than the State of Texas. The population of 10 counties 27 increased at a rate less than Texas but did not incur negative growth from 1990 to 2010. These 28 10 counties are El Paso, Val Verde, Angelina, Presidio, Uvalde, Jeff Davis, Hudspeth, Pecos, 29 Brewster, and Kinney. Five counties experienced a decrease in population from 1990 to 2010: 30 Zavala, Dimmit, Edwards, Culberson, and Terrell. Of the 21 border counties, the total 31 population of Hidalgo County increased the most from 1990 to 2010 (102 percent or 391,224 32 people) with the total population in 2010 at approximately 775,000. Culberson County 33

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experienced the largest quantitative decrease in population with approximately 1,000 fewer 1 persons (30 percent) reported between 1990 and 2010 (U.S. Census Bureau 1990, U.S. Census 2 Bureau 2010). Complete population data for the 21 border counties in Texas and Texas are 3 displayed in Table 3-11. 4

Table 3-11. Population for Border Counties in Texas, 1990, 2000, and 2010 5

Geographic Area 1990 2000 2010 Percent Change

1990 to 2000

2000 to 2010

1990 to 2010

Angelina County 69,884 80,130 86,771 15% 8% 24%

Brewster County 8,681 8,866 9,232 2% 4% 6%

Cameron County 260,120 335,227 406,220 29% 21% 56%

Culberson County 3,407 2,975 2,398 -13% -19% -30%

Dimmit County 10,433 10,248 9,996 -2% -2% -4%

Edwards County 2,266 2,162 2,002 -5% -7% -12%

El Paso County 591,610 679,622 800,647 15% 18% 35%

Hidalgo County 383,545 569,463 774,769 48% 36% 102%

Hudspeth County 2,915 3,344 3,476 15% 4% 19%

Jeff Davis County 1,946 2,207 2,342 13% 6% 20%

Kinney County 3,119 3,379 3,598 8% 6% 15%

Maverick County 36,378 47,297 54,258 30% 15% 49%

Pecos County 14,675 16,809 15,507 15% -8% 6%

Presidio County 6,637 7,304 7,818 10% 7% 18%

Starr County 40,518 53,597 60,968 32% 14% 50%

Terrell County 1,410 1,081 984 -23% -9% -30%

Uvalde County 23,340 25,926 26,405 11% 2% 13%

Val Verde County 38,721 44,856 48,879 16% 9% 26%

Webb County 133,239 193,117 250,304 45% 30% 88%

Zapata County 9,279 12,182 14,018 31% 15% 51%

Zavala County 12,162 11,600 11,677 -5% 1% -4%

Texas 16,986,510 20,851,820 25,145,561 23% 21% 48%

Source: U.S. Census Bureau 1990, U.S. Census Bureau 2000, U.S. Census Bureau 2010

Employment Characteristics. The largest percentage of people employed by industry in Texas 6 and the United States is the educational services, and health care and social assistance industry, 7 composing 21 and 22 percent, respectively. The second largest industry for is the retail trade 8 industry accounting for 12 percent in Texas and the United States. The agriculture, forestry, 9 fishing and hunting, and mining industry is the smallest industry by percentage of those 10 employed in the United States at 2 percent. The smallest industry by percentage of those in 11 Texas (2 percent) is the information industry (U.S. Census Bureau 2010). Table 3-12 contains 12 data for Texas and the United States for all 13 industries as defined by the U.S. Census Bureau. 13

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Table 3-12. Employment Estimates by Industry in Texas and the United States by 1 Percentage, 2010 2

Industry Texas United States

Population 16 years and over in labor force 12,065,652 155,163,977

Population of employed persons in the civilian labor force 11,125,616 141,833,331

Agriculture, forestry, fishing and hunting, and mining 2.9 1.9

Construction 8.6 7.1

Manufacturing 9.7 11.0

Wholesale trade 3.3 3.1

Retail trade 11.5 11.5

Transportation and warehousing, and utilities 5.7 5.1

Information 2.2 2.4

Finance and insurance, and real estate and rental and leasing 6.9 7.0

Professional, scientific, and management, and administrative and waste management services

10.5 10.4

Educational services, and health care and social assistance 20.8 22.1

Arts, entertainment, and recreation, and accommodation and food services

8.2 8.9

Other services, except public administration 5.2 4.9

Public administration 4.4 4.8

Source: U.S. Census Bureau 2010

The largest percentage of workers are employed in the educational services, and health care and 3 social assistance industry in 20 of 21 border counties in Texas. The 20 counties and the 4 percentage of persons working in this industry are listed as follows. 5

Angelina County (26.0) Maverick County (28.6) Brewster County (21.6) Pecos County (19.8) Cameron County (29.4) Presidio County (28.4) Culberson County (21.5) Starr County (42.5) Dimmit County (25.1) Terrell County (19.2) Edwards County (21.6) Uvalde County (24.8) El Paso County (23.8) Val Verde County (22.8) Hidalgo County (29.6) Webb County (24.5) Jeff Davis County (21.5) Zapata County (30.5) Kinney County (17.1) Zavala County (29.3)

The county where the educational services, and health care and social assistance industry is not 6 the largest is Hudspeth County. The largest industry in Hudspeth County is the agriculture, 7 forestry, fishing and hunting, and mining industry, which employs 19.6 percent of workers 8 (U.S. Census Bureau 2010). 9

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Figure 3-2 displays unemployment data for Texas and the United States. From 2007 through 1 2013, the unemployment rate in Texas has been lower than the unemployment rate for the United 2 States. The highest unemployment rate in Texas occurred in February and March 2010 (8.3 3 percent), while the national unemployment rate was highest in October 2009 (10.0 percent). As 4 of August 2013, the unemployment rate in Texas was 6.4 percent and the national unemployment 5 rate was 7.3 percent (BLS 2013). 6

7 Source: BLS 2013

Figure 3-2. Unemployment Rates for Texas and the United States, 1993–2013 8

Environmental Justice and Protection of Children 9

Racial, Ethnic, and Youth Population Characteristics. The southwestern United States 10 contains a large Hispanic or Latino population. Approximately 55 percent of the population of 11 Texas and 36 percent of the United States population is considered a minority population 12 (i.e., Hispanic or Latino, Black or African American, American Indian and Alaska Native, Asian, 13 Native Hawaiian and Other Pacific Islander, and multi-race that includes one of the 14 aforementioned races). The Hispanic or Latino population in Texas (3 percent) is much larger as 15 compared to the United States (16 percent). The percentage of Black or African American 16 population within Texas was less than that of the United States. The percentage of the 17 population younger than 18 years of age in the United States was 24 percent. In Texas, the 18 percentage of the population younger than 18 years of age was 27 percent (U.S. Census Bureau 19 2010). Table 3-13 presents the racial and ethnic characteristics of the populations in the Texas 20 border region and the United States. 21

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Table 3-13. Racial and Ethnic Characteristics of the Populations in Texas 1 and the United States, 2010 2

Race and Ethnicity Texas United States

Total Population 25,145,561 308,745,538

Percent younger than 18 27.3 24.0

Percent White 45.3 63.7

Percent Black or African American 11.5 12.2

Percent American Indian and Alaska Native 0.3 0.7

Percent Asian 3.8 4.7

Percent Native Hawaiian and Other Pacific Islander 0.1 0.2

Percent Some Other Race 0.1 0.2

Percent Two or More Races 1.3 1.9

Percent Hispanic or Latino 37.6 16.3

Source: U.S. Census Bureau 2010

In Texas, 19 of the 21 counties examined contained Hispanic or Latino populations that were 3 greater than the 38 percent Hispanic or Latino population reported for Texas. The largest 4 percentage of the population reported as Hispanic or Latino was in Maverick, Starr, and Webb 5 counties with 96 percent. Angelina and Jeff Davis counties were the only counties where the 6 percent of Hispanic or Latino residents (20 percent and 34 percent, respectively) did not exceed 7 that of Texas. Angelina County did have a slightly larger African-American population by 8 percentage at 15 percent, compared to 12 percent for Texas overall. Table 3-14 provides 9 complete racial and ethnic population data for Texas. 10

Seven Texas border counties had youth populations that are smaller by percentage (ranging from 11 20 to 27 percent) when compared with Texas. The percentage of youth in the total population of 12 the remaining 14 border counties ranged from 28 percent to 35 percent (U.S. Census Bureau 13 2010). 14

Low-income and Poverty Characteristics. In Texas, the percent of individuals and families 15 whose income was below the poverty level (16.8 percent and 13.0 percent, respectively) is 16 elevated in comparison to the United States (13.8 percent and 10.1 percent, respectively). 17 Median household incomes follow a similar trend. Texas’ median household income is $49,646 18 compared to $51,914 for the United States (U.S. Census Bureau 2010). 19

Within the 21 counties along the U.S./Mexico international border in Texas, the percent of 20 families whose income was below the poverty level ranged from 9 percent in Terrell County to 21 40 percent in Hudspeth County, while the percent of individuals whose income was below the 22 poverty level ranged from 15 percent in Jeff Davis County to 43 percent in Zavala County. Of 23 the 21 counties, only Terrell County had a lower percent of families below the poverty level 24 25

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Table 3-14. Racial and Ethnic Characteristics for Border Counties in Texas, 2010

Race and Ethnicity Angelina County

Brewster County

Cameron County

Culberson County

Dimmit County

Edwards County

El Paso County

Hidalgo County

Hudspeth County

Jeff Davis County

Kinney County

Total Population 86,771 9,232 406,220 2,398 9,996 2,002 800,647 774,769 3,476 2,342 3,598

Percent of population younger than 18 26.7 20.3 33.0 27.8 30.0 20.8 30.1 34.7 30.1 19.8 20.1

White 63.3 54.3 10.7 21 12.2 47.3 13.1 7.8 18.1 63.6 41.6

Black or African American 14.8 0.9 0.3 0.3 0.8 0.5 2.6 0.4 0.9 0.4 1.1

American Indian & Alaska Native 0.3 0.4 0.1 0.5 0.1 0.5 0.3 0.1 0.3 0.3 0.5

Asian 0.9 0.6 0.6 0.9 0.5 0.1 0.9 0.9 0.4 0.3 0.3

Native Pacific Islander 0.0 0.1 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0

Some Other Race 0.1 0.1 0.0 0.0 0.1 0.0 0.1 0.0 0.0 0.0 0.2

Two or More Races 0.9 1.2 0.2 1.0 0.1 0.2 0.7 0.2 0.7 1.5 0.7

Hispanic or Latino 19.8 42.4 88.1 76.2 86.2 51.3 82.2 90.6 79.6 33.7 55.7

Race and Ethnicity Maverick County

Pecos County

Presidio County

Starr County

Terrell County

Uvalde County

Val Verde County

Webb County

Zapata County

Zavala County

State of Texas

Total Population 54,258 15,507 7,818 60,968 984 26,405 48,879 250,304 14,018 11,677 25,145,561

Percent of population younger than 18 33.8 24.6 29.0 33.9 22.2 28.9 29.8 35.2 34.3 31.3 27.3

White 2.9 27.9 14.5 4.0 50.3 29.0 17.5 3.3 6.1 5.5 45.3

Black or African American 0.1 3.4 0.3 0.0 0.6 0.4 1.2 0.2 0.1 0.3 11.5

American Indian & Alaska Native 0.9 0.4 0.3 0.0 0.7 0.2 0.2 0.0 0.1 0.1 0.3

Asian 0.3 0.5 1.0 0.2 0.4 0.4 0.4 0.5 0.2 0.0 3.8

Native Pacific Islander 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.1

Some Other Race 0.0 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.1

Two or More Races 0.1 0.5 0.4 0.0 0.5 0.4 0.4 0.1 0.1 0.1 1.3

Hispanic or Latino 95.7 67.3 83.4 95.7 47.5 69.3 80.2 95.7 93.3 93.9 37.6 Source: U.S. Census Bureau 2010

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(9 percent) than Texas (13 percent). Brewster, Jeff Davis, and Terrell counties are the only 1 counties in which the percent of individuals below the poverty level was lower than the 2 17 percent for Texas. Median household income in these 21 counties ranged from a low of 3 $21,707 to a high of $43,750, and no border county contained a median household income 4 greater than the $49,646 reported for Texas. See Table 3-15 for the percent of population below 5 the poverty level for Texas and the 21 Texas border counties (U.S. Census Bureau 2010). 6

Table 3-15. Percent of Individual and Families Below the Poverty Level and Median 7 Household Income for Border Counties in Texas 8

Geographic Area Individual

Poverty Rate Family Poverty

Rate

Median Household

Income

Angelina County 17.8 13.3 $39,148

Brewster County 16.5 10.5 $35,799

Cameron County 34.7 30.0 $31,264

Culberson County 28.8 19.6 $35,500

Dimmit County 36.4 31.5 $25,882

Edwards County 24.7 16.9 $40,163

El Paso County 25.6 22.5 $36,333

Hidalgo County 34.4 30.5 $31,879

Hudspeth County 46.0 39.6 $22,647

Jeff Davis County 14.7 14.0 $43,750

Kinney County 32.2 20.8 $24,388

Maverick County 33.6 30.7 $28,813

Pecos County 19.9 17.1 $38,125

Presidio County 24.1 22.1 $29,513

Starr County 38.0 35.1 $24,441

Terrell County 16.5 9.2 $35,403

Uvalde County 26.7 21.4 $35,087

Val Verde County 24.0 19.3 $36,993

Webb County 29.8 25.4 $36,684

Zapata County 37.6 33.5 $24,496

Zavala County 43.0 34.6 $21,707

Texas 16.8 13.0 $49,646

Source: U.S. Census Bureau 2010

3.15.3 Environmental Consequences 9

Socioeconomic Resources. Project-related expenditures are assessed in terms of direct effects 10 on the local economy and related effects on other socioeconomic resources (e.g., housing). The 11 magnitude of potential impacts can vary greatly, depending on the location of a proposed action. 12 For example, implementation of an action that creates ten employment positions might go 13

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unnoticed in an urban area, but could have considerable impacts in a rural region. If potential 1 socioeconomic changes were to result in substantial shifts in population trends or a decrease in 2 regional spending or earning patterns, those effects would be considered adverse. A proposed 3 action could have a significant effect with respect to the socioeconomic conditions in the 4 surrounding ROI if the following were to occur: 5

Change the local business volume, employment, personal income, or population that 6 exceeds the ROI’s historical annual change 7

Disproportionately impact minority populations or low-income populations. 8

Environmental Justice and Protection of Children. Ethnicity and poverty data are examined 9 for the counties along the U.S./Mexico international border in Texas to determine if a 10 low-income or minority population could be disproportionately affected by a proposed action. 11

3.15.3.1 Alternative 1: Proposed Action 12

Socioeconomic Resources. Maintenance and repair of tactical infrastructure under the Proposed 13 Action would have short-term, minor, direct and indirect, beneficial impacts on socioeconomics, 14 demographics, and employment through increased employment and the purchase of goods and 15 services. Direct impacts on employment and the procurement of material supplies would be 16 minor and short-term and would not overburden the available supply. No permanent changes to 17 the CBP workforce would be expected as a result of this alternative. 18

Short-term, minor increases in population might occur during times of maintenance and repair. 19 It is assumed that many of the workers needed for this alternative would be drawn from the 20 regional workforce and would not require the permanent relocation of workers from outside the 21 area. The construction industry would adequately be able to meet the demand for workers. The 22 short-term nature and scale of the maintenance and repair projects would not induce indirect 23 population growth in the region. 24

It is assumed that materials for maintenance and repair would be sourced locally and local 25 contractors would be used. In addition, many of the workers needed for the maintenance and 26 repair would likely be employed within the regional construction industry. Incremental gains to 27 the construction industry might occur to fulfill an increased demand for workers. Each job 28 created by implementation of the Proposed Action would generate additional revenue and could 29 create additional jobs within companies that supply goods and services. The project would not 30 likely create any long-term employment in the region. 31

Direct beneficial impacts would result from increases to payroll earnings and taxes and the 32 purchase of materials required. Indirect beneficial impacts would result from increases in 33 expenditures on goods and services. No permanent or long-term impacts on employment, 34 population, personal income, poverty levels, or other demographic or employment indicators 35 would be expected from the Proposed Action. 36

Environmental Justice and the Protection of Children. Much of the tactical infrastructure that 37 would be maintained and repaired as a part of the Proposed Action runs through or adjacent to 38 many rural settlements, small towns, and neighborhoods within larger cities. Property owners 39

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and residents might be affected by visual intrusion, noise, and temporary disruptions during 1 maintenance activities. 2

The proposed maintenance and repair of tactical infrastructure would have short- to long-term, 3 indirect, beneficial impacts on protection of children in the areas along the U.S./Mexico 4 international border. The maintenance and repair of tactical infrastructure would allow USBP 5 agents to perform their mission. As a result, the Proposed Action would indirectly help to deter 6 cross-border violators in the immediate area, which in turn could prevent drug smugglers, 7 terrorists, and terrorist weapons from entering the surrounding area. 8

3.15.3.2 Alternative 2: No Action Alternative 9

Under the No Action Alternative, there would be no change from the baseline conditions. 10 Overall maintenance requirements for tactical infrastructure along the U.S./Mexico international 11 border would not be addressed and the tactical infrastructure would not be considered sustainable 12 in quality, resulting in gradual degradation. If the No Action Alternative is implemented, short-13 term local employment benefits from the purchase of maintenance and repair materials and a 14 temporary increase in maintenance jobs would not occur. Furthermore, money from 15 maintenance and repair payrolls that would circulate throughout the local economies would not 16 occur. The Proposed Action would result in greater benefits to socioeconomics than the No 17 Action Alternative because maintenance and repair work would occur on a periodic basis, 18 providing a more stable source of income for workers and the local economy. 19

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4. CUMULATIVE AND OTHER ADVERSE EFFECTS 1

Cumulative impacts can result from individually minor but collectively significant past, present, 2 and foreseeable future actions. For the purposes of the analysis in this section, consideration was 3 given to cumulative impacts of all CBP maintenance and repair of tactical infrastructure 4 activities including maintenance and repair activities addressed under this EA, under previous 5 NEPA documents and activities which were covered by a Secretary’s waiver. In this instance, 6 the type of activity that is at issue in this EA—the maintenance and repair of tactical 7 infrastructure—is unique to CBP. Thus, these activities are unlikely to be subjected to the 8 compounding activity of other entities, particularly when they take place, as they often do, in 9 isolated areas and on an infrequent basis. To that same end, where maintenance of roads occurs, 10 it is complementary to or in lieu of maintenance performed by others. The geographic scope of 11 the analysis varies by resource area. 12

4.1 CUMULATIVE IMPACTS OF THE CBP MAINTENANCE AND REPAIR PROGRAM 13

Past, Present, and Foreseeable Future Actions 14

Past and present actions are those CBP maintenance and repair actions that occurred within the 15 geographic scope of cumulative effects prior to the development of this EA or are concurrently 16 being undertaken by way of a Secretary’s waiver or separate NEPA. Past actions have shaped 17 the current environmental conditions in close proximity (i.e., within several miles) to existing 18 tactical infrastructure. Therefore, the effects of identified past actions are now part of the 19 existing environment, and are generally included in the affected environment described in 20 Section 3. Present actions consist of the current ad hoc, as-needed approach to the maintenance 21 and repair of existing tactical infrastructure and future actions would consist of the maintenance 22 and repair of all current tactical infrastructure including tactical infrastructure analyzed in this 23 EA. 24

Additionally, it is reasonable to assume consideration of the maintenance and repair activities for 25 future additional tactical infrastructure, including pedestrian and vehicle fence, roads, bridges, 26 lighting, and other types of infrastructure mentioned in this EA, will be required in the El Paso, 27 Big Bend, Del Rio, Laredo, and Rio Grande Valley Sectors along the U.S./Mexico international 28 border to address future border security needs. 29

Cumulative Tactical Infrastructure in Texas 30

As discussed in Section 1 of this EA, CBP constructed a substantial amount of tactical 31 infrastructure along the U.S./Mexico international border under the Secretary’s waiver. CBP 32 prepared ESPs to analyze the potential environmental impacts associated with construction and 33 maintenance of tactical infrastructure covered by the waiver. Tactical infrastructure has also 34 been constructed that was not covered under the waiver but was analyzed in other NEPA 35 documents. Table 4-1 summarizes recent tactical infrastructure projects within the USBP 36 El Paso, Big Bend, Del Rio, Laredo, and Rio Grande Valley sectors. The USBP Laredo Sector 37 has no primary or vehicle fence, but there is an ongoing pilot project for vegetation removal that 38 is discussed further. 39

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Table 4-1. Descriptions of Other Recent Tactical Infrastructure Projects 1 Included in the Cumulative Effects Analysis 2

USBP Sector

Description of Tactical Infrastructure Projects Covered under Recent Waiver or NEPA Documentation

El Paso Total of approximately 85 miles of primary pedestrian and vehicle fence, 75 miles of roads, and permanent lights: HV-1, HV-2, HV-3. 16.3 miles of vehicle fence and 19.8 miles of access roads, within

the Roosevelt Reservation west of Antelope Wells Port of Entry (POE) in Hidalgo County, New Mexico a

HV-4. 6 miles of vehicle fence within the Roosevelt Reservation east and west of Antelope Wells POE in Hidalgo County, New Mexico b

JV-1, JV-2, JV-3. 40 miles of vehicle fence and 8 miles of access roads, within the Roosevelt Reservation west of the Santa Teresa POE in Luna and Doña Ana counties, New Mexico a

Other. 6 miles of pedestrian fence, 16.5 miles of vehicle fence (Segments IV-2/IV-4B), 12 miles of lights, 2 miles of patrol road, 44 miles of drag road, and other ancillary infrastructure along the southern boundary of Luna County, New Mexico a, b,

c

K-2A. 9.6 miles of primary pedestrian fence along the flood control levee and irrigation canals near Modesto-Gomez Park in El Paso, Texas d

K-2B. 2.4 miles of primary pedestrian fence between the flood control levee and the Rio Grande near Rio Bosque Park in El Paso County, Texas d

K-2C. 6.9 miles of primary pedestrian fence and permanent lights on the south side of the canal in El Paso County, Texas d

K-2D. 9.4 miles of primary pedestrian fence between the canal and the levee with two bridge locations, and permanent lights in El Paso County, Texas d

K-3. 9.1 miles of primary pedestrian fence and permanent lights between the canal and the levee extending east of the Fabens POE in El Paso County, Texas d

K-4. 13.5 miles of primary pedestrian fence are planned near the Fabens POE in El Paso and Hudspeth counties, Texas e *

K-5. 5.1 miles of primary pedestrian fence extending from west of the Fort Hancock POE to the Diablo Arroyo east of the Fort Hancock POE in Hudspeth County, Texas d

Big Bend 1 Total of 11 miles of primary pedestrian fence, access and patrol roads, and lights: L-1. 4.7 miles of primary pedestrian fence (Bollard floating fence style) and road atop

the USIBWC levee and 0.12 miles of concrete trench at the southern fence terminus, southwest of Sierra Blanca in Hudspeth County, Texas f

L-1A & L-1B. 6.2 miles of primary pedestrian fence and a retaining wall are planned near the Rio Grande POE in Presidio County, Texas g 1

Del Rio Total of 4 miles of primary pedestrian fence, concrete retaining walls, access and patrol roads, and lights: h M-1. 2.3 miles of primary pedestrian fence, patrol and access roads, and lights near

the International Bridge (TX-239-Spur) in Del Rio, Texas M-2A. 0.8 miles of primary pedestrian fence, patrol and access roads, and lights in

Eagle Pass, Texas

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USBP Sector

Description of Tactical Infrastructure Projects Covered under Recent Waiver or NEPA Documentation

Laredo Removal of the introduced, invasive species Carrizo cane (Arundo donax) along a 16-mile corridor (595 acres) using mechanical removal, cut stem and herbicide application, aerial spraying of herbicide, or burn and herbicide treatment. To date, only 1.1 miles (27 acres) of removal has been completed. i

Rio Grande Valley 2

Total of 70 miles of primary pedestrian fence, concrete flood control structures, access and patrol roads, and lights: j O-1. 3.8 miles of primary pedestrian fence near Roma POE in Rio Grande City,

Texas O-2. 8.7 miles of primary pedestrian fence near Rio Grande City POE in Rio Grande

City, Texas O-3. 1.9 miles of primary pedestrian fence near Los Ebanos POE in McAllen, Texas O-4 through O-10. 20.3 miles of concrete flood control structures in noncontiguous

segments between McAllen and Weslaco, Texas O-11. 2.3 miles of primary pedestrian fence in Harlingen, Texas O-12. 0.9 miles of primary pedestrian fence at Weaver’s Mountain in Harlingen,

Texas O-13. 1.6 miles of primary pedestrian fence near the West Los Indios POE,

Harlingen, Texas O-14. 3.6 miles of primary pedestrian fence near the East Los Indios POE, Harlingen,

Texas O-15. 1.9 miles of primary pedestrian fence near Triangle and La Paloma in

Harlingen, Texas O-16. 3.0 miles of primary pedestrian fence near Ho Chi Minh and Estero in

Harlingen, Texas O-17. 1.6 miles of primary pedestrian fence near the proposed Carmen Road Freight

Train Bridge in Brownsville, Texas O-18. 3.6 miles of primary pedestrian fence near the proposed Flor De Mayo POE in

Brownsville, Texas O-19. 3.4 miles of primary pedestrian fence near the Brownsville/Matamoros POE in

Brownsville, Texas O-20. 0.9 miles of primary pedestrian fence near the Veterans International Bridge in

Brownsville, Texas O-21. 13.0 miles of primary pedestrian fence from Veterans International Bridge to

Sea Shell Inn in Fort Brown, Texas

Sources: a. CBP 2010c; b. CBP 2007a; c. CBP 2007b; d. CBP 2010d; e. CBP 2008e; f. CBP 2010e; g. CBP 2008f; h. CBP 2008c; i. CBP 2008g; j. CBP 2008d; CBP 2010b

Notes: 1. Segments L-1A and L-1B in the USBP Big Bend Sector have not yet been constructed, but they are included in

the project total and considered in this cumulative effects analysis because they are reasonably foreseeable future projects.

2. An Environmental Stewardship Summary Report (ESSR) has not been finalized for the USBP Rio Grande Valley Sector tactical infrastructure, so the information presented in the ESP is analyzed in this cumulative effects analysis.

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This cumulative effects analysis focuses on all assets associated with the maintenance and repair 1 of tactical infrastructure, because they are most relevant to the Proposed Action and are, 2 therefore, the type of activities that are most likely to lead to additive or cumulative effects. 3 Cumulative, long-term effects that would be expected because of maintenance and repair of the 4 tactical infrastructure along the U.S./Mexico international border in Texas are identified and 5 discussed in detail in this section. Segments HV-1, HV-2, HV-3, HV-4, JV-1, JV-2, JV-3, IV-2, 6 and IV-4B are within New Mexico but included in this cumulative effects analysis because they 7 are within the USBP El Paso Sector area of operation. Most construction activities have already 8 occurred, so adverse effects identified as a result of construction activities are not discussed 9 unless some unique aspect of that project segment warrants further discussion. As noted in 10 Table 4-1, Segments L-1A and L-1B in the USBP Big Bend Sector have not yet been 11 constructed (approximately 6 miles of pedestrian fence). Table 4-2 summarizes total tactical 12 infrastructure, including assets analyzed in this Proposed Action, to be maintained cumulatively 13 by CBP. It is reasonable to assume that CBP will continue to construct and install tactical 14 infrastructure assets similar to those described in Table 4-1, adding to the totals in Table 4-2. 15 Future proposals for construction and maintenance of tactical infrastructure would require a 16 separate NEPA analysis. 17

Table 4-2. Summary of All Tactical Infrastructure Assets in Texas 18

Asset (units) Approximate Total

Fences and Gates (miles) 130

Roads and Integrated Bridges/Crossovers (miles) 2500

Drainage Management Structures (number) 35

Linear Vegetation Control Areas (miles) 550

Vegetation Control Areas (acres) 3800

Bridges 15

Lighting and Ancillary Power Systems 670

Boat Ramps 7

Towers (number) 130

Equipment Storage Areas (acres) 225

Note: Table is based on GIS data from Baker dated March 3, 2014. Totals provided should be considered approximate as asset data are refined and added.

19

The maintenance and repair activities analyzed in this cumulative impacts analysis would be the 20 same as those described in Section 2.3 of this EA. 21

4.2 CUMULATIVE ANALYSIS BY RESOURCE AREA 22

This section presents the resource-specific impacts related to the past, present, and reasonably 23 foreseeable actions previously discussed in Section 4.1. 24

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4.2.1 Alternative 1: Proposed Action 1

Implementation of the Proposed Action (Alternative 1) is CBP’s Preferred Alternative, which 2 would result in maintenance and repair activities occurring via a periodic work plan. 3 Maintenance and repair activities would be implemented based on prioritization and funding 4 within the sector. For the purpose of this analysis, it is assumed that all CBP tactical 5 infrastructure—that is, tactical infrastructure within the scope of Proposed Action, tactical 6 infrastructure covered by the Secretary’s waiver and previous NEPA analysis, and future CBP 7 tactical infrastructure—would be maintained via a periodic work plan. Implementation of the 8 Proposed Action would not be expected to contribute to significant adverse cumulative effects. 9

4.2.2 Land Use 10

Most areas along the U.S./Mexico international border are remote and contain agricultural and 11 open space land uses, many of which are managed or protected by the Federal government. The 12 maintenance and repair of tactical infrastructure would have no effect on land use plans or 13 policies. Maintenance and repair activities involve work on existing infrastructure, so there 14 would be no change in long-term land uses. Cumulatively, the Proposed Action and other 15 tactical infrastructure maintenance and repair activities would not contribute to adverse effects 16 on land use. 17

4.2.3 Geology and Soils 18

The potential for effects on geology and soils is limited to areas where ground disturbance would 19 occur within the action area. As noted, all CBP tactical infrastructure would be subjected to 20 centralized maintenance and repair planning. As a part of the centralized maintenance and repair 21 planning, CBP’s interdisciplinary maintenance and repair technical staff, including 22 environmental staff, would participate in reviewing and approving a maintenance and repair 23 work plan for all tactical infrastructure. The adoption of appropriate BMPs and proposed 24 schedule for maintenance would ensure that erosion would be minimized and erosion-creating 25 activities well dispersed throughout the region avoiding any pockets of intense activity. 26 Cumulatively, this approach reduces the impacts of any ad hoc approach applied to past 27 maintenance and repair activities and ensures future potential erosion is well managed. 28 Consequently, the maintenance and repair of past, present, and foreseeable future construction 29 activity would be expected to result in short-term, minor, adverse effects that are localized to the 30 areas where ground disturbance has occurred. Use of herbicides could also result in localized 31 short-term and long-term, adverse effects due to increased erosion and sedimentation from a 32 decrease in vegetative cover but would be minor in nature due to adherence to the work plan. 33 Long-term, beneficial effects would be expected from stabilization of roadways and drainage 34 structures throughout the action area. In the event that multiple maintenance and repair activities 35 or any ground-disturbing activities were occurring simultaneously and in proximity, minor, 36 short-term and negligible long-term, adverse, cumulative effects could occur. 37

4.2.4 Vegetation 38

Minor to moderate effects on native species vegetation and habitat and introductions of 39 nonnative species are observable from past and present development and land use. In addition, 40

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indirect, adverse impacts and direct take of habitat occurred during construction of pedestrian 1 and vehicle fence. The Proposed Action does not involve new development activities, and 2 effects on vegetation are generally limited to the existing footprint of tactical infrastructure. 3 Selective maintenance and repair activities would be expected to result in generally negligible to 4 minor adverse effects on terrestrial and aquatic vegetation. All CBP tactical infrastructure would 5 be a component of the selective maintenance and repair centralized work plan. Under the work 6 plan, BMPs would ensure impacts on vegetation including the introduction of nonnative species 7 would be minimized, and consequently the cumulative effects on vegetation resources would be 8 considered negligible to minor. 9

4.2.5 Terrestrial and Aquatic Wildlife Resources 10

Minor to moderate effects on wildlife species have occurred from the additive effects of past and 11 present actions, though there is quality habitat in the action area to support wildlife. The 12 Proposed Action does not involve new development activities, and effects on wildlife and 13 aquatic species are limited to the existing footprint and immediately surrounding areas. 14 Maintenance and repair activities would be expected to result in generally negligible to minor, 15 adverse effects on wildlife and aquatic species. Operation of heavy equipment would generate 16 temporary noise and could displace wildlife species. Under the work plan, which would cover 17 all CBP tactical infrastructure in the region of analyses, BMPs would ensure impacts on 18 terrestrial and aquatic wildlife resources would be minimized and therefore the cumulative 19 impacts on terrestrial and aquatic wildlife resources would also be considered to be negligible to 20 minor in effect. 21

4.2.6 Threatened and Endangered Species 22

As discussed in Section 3.6, CBP will consult with USFWS under Section 7 of the ESA 23 regarding potential effects on listed species and designated critical habitat. Potential direct and 24 indirect effects on federally listed species presented in this EA are based on currently available 25 data. A separate effects analysis is developed under NEPA, but parallels impact determinations 26 made for the Section 7 consultation process. 27

The designation of threatened or endangered implies that past activities have had major adverse 28 effects on these species. Threatened and endangered species are commonly protected because 29 their historic range and habitat have been reduced and will only support a small number of 30 individuals. Some species have declined for natural reasons, but declines are commonly 31 exacerbated or accelerated by anthropogenic influences. Anthropogenic influences that have 32 contributed to reduced range and habitat availability and reduced populations include agriculture, 33 livestock grazing, urban development and road construction, overcollection, trampling and 34 off-road vehicle use, hydrologic modifications, and altered fire regimes. Once natural vegetation 35 and habitat are disturbed, introduced species can colonize more readily and out-compete native 36 species. Some species occupy specific niches, so even minor alterations are not well tolerated. 37

There are 24 federally listed threatened or endangered species that are known to occur within the 38 action area. Section 3.6 presents detailed discussions for each of these species. Cumulatively, 39 present and future activities are likely to continue to affect threatened and endangered species. 40 Potential threats include habitat loss from urbanization and road construction, trampling of 41

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protected plants, corridor fragmentation, and noise from increasingly urban areas. The ESA will 1 continue to protect threatened and endangered species with the goal of recovery. 2

The Proposed Action would generally be expected to have negligible effects on threatened or 3 endangered species that have been identified as potentially occurring in the action area. Tactical 4 infrastructure that was included under the waiver or previous NEPA documentation (see projects 5 identified in Table 4-1) was constructed under the supervision of biological monitors to ensure 6 that BMPs and approved mitigation measures were followed for the protection of threatened and 7 endangered species. No direct, adverse effects on threatened and endangered species or takes 8 were identified in the Environmental Stewardship Summary Reports (ESSRs) during 9 construction of pedestrian and vehicle fence along the U.S./Mexico international border. Under 10 the work plan, which would cover all CBP tactical infrastructure in the region of analyses, BMPs 11 and conservation measures identified in both the Biological Assessment and this EA would 12 ensure any impacts on threatened and endangered species would be minimized and, therefore, 13 the cumulative impacts on species would not be significant. 14

4.2.7 Hydrology and Groundwater 15

Water quality and quantity of aquifers in the geographic action area have historically been 16 affected adversely by surrounding land uses and water withdrawals. The Proposed Action does 17 not involve new development activities; negligible to minor, indirect, adverse effects could occur 18 on hydrology and groundwater systems from the maintenance and repair of roadways and 19 drainage management structures. Maintenance of other existing tactical infrastructure (see 20 projects identified in Table 4-1) would be expected to have similar effects on hydrology and 21 groundwater as those described in this EA (see Section 3.7.3). Cumulatively, effects on 22 hydrology and groundwater from the maintenance and repair of tactical infrastructure would be 23 negligible. 24

4.2.8 Surface Waters and Waters of the United States 25

Surface water quality of subwatersheds within the action area has historically been significantly 26 affected by various inputs, including urban, agricultural, and livestock runoff, and septic, 27 wastewater, and industrial discharges. Some surface water bodies are consequently on USEPA’s 28 303(d) list of impaired waters, as discussed in Section 3.8 (USEPA 2010d). Historically 29 significant wetland losses have resulted from draining, dredging, filling, leveling, and flooding 30 for agricultural and urban development. Texas has lost approximately half of its original 31 wetlands (USGS 1996a). 32

The Proposed Action does not involve new development activities, but negligible to minor, 33 indirect, adverse effects could occur on surface waters from the maintenance and repair of 34 roadways and drainage management structures. Under the work plan, which as noted will 35 include all CBP tactical infrastructure, BMPs would ensure impacts on surface water and 36 wetlands are minimized. Cumulatively, effects on surface waters and waters of the United States 37 from the maintenance and repair of tactical infrastructure would be negligible to minor in the 38 short term but with the consistent observance of the work plan could result in long-term, minor 39 beneficial impacts on surface water quality. 40

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4.2.9 Floodplains 1

Floodplain resources can be adversely impacted by development, increases in impervious areas, 2 loss of vegetation, hydrological changes, and soil compaction. Historically, natural floodplains 3 have been permanently altered by development activities and the construction of canals and 4 reservoirs. The Proposed Action does not involve new development activities and would have 5 no direct effects on floodplains. Vegetation control and debris removal could result in increased 6 sedimentation into floodplains and drainage structures, but this would be a negligible, indirect 7 effect. Maintenance of other existing tactical infrastructure would be expected to have similar 8 effects on floodplains as those described in this EA (see Section 3.9.3). Cumulatively, effects on 9 floodplains from the maintenance and repair of tactical infrastructure would be negligible. 10

4.2.10 Air Quality 11

USBP El Paso and Big Bend sectors operate within an AQCR that is in nonattainment for CO 12 and PM10. USBP Del Rio, Laredo, and Rio Grande Valley sectors operate within ACQRs that 13 are in attainment for all criteria pollutants. The Proposed Action would have short-term, minor, 14 localized, adverse effects on air quality during maintenance and repair activities. In USBP Del 15 Rio, Laredo, and Rio Grande Valley sectors (i.e., Metropolitan San Antonio Intrastate and 16 Brownsville-Laredo Intrastate AQCRs), emissions of PM10 would be greater than 100 tpy (see 17 Section 3.10.3). Other construction and ground-disturbing activities could result in cumulative, 18 adverse effects if there are multiple projects occurring at the same time and in the same vicinity. 19 The adoption of appropriate BMPs and proposed schedule for maintenance under a centralized 20 work plan would ensure that dust creation would be minimized and dust-creating activities 21 would be well dispersed throughout the region avoiding any pockets of intense activity. 22 Moreover, because all CBP tactical infrastructure would be maintained via the work plan, it 23 would be more likely, relative to the no action alternative, that BMPs will be incorporated into 24 maintenance activities. Consequently cumulative effects on local and regional air quality from 25 the maintenance and repair of tactical infrastructure would be minor. 26

4.2.11 Noise 27

Cumulative effects on the noise environment occur when a project has noise emissions that are 28 noticeably loud or that raise ambient noise levels. New noise sources are generally more 29 noticeable in areas that have lower ambient noise levels. Cumulative effects on noise could 30 occur where multiple projects are occurring at the same time and in the same vicinity because 31 noise attenuates over distance. 32

The Proposed Action would have short-term, negligible to minor, localized, adverse effects as a 33 result of the operation of heavy machinery to maintain and repair tactical infrastructure. 34 Maintenance and repair of tactical infrastructure in remote areas would be distant from most 35 other substantial noise-generating activities, so there is little potential for cumulative effects. 36 Increased noise from the operation of machinery could combine with existing noise sources or 37 other construction-type activities to produce a temporary cumulative effect on noise-sensitive 38 receptors. The combined noise of several projects occurring simultaneously in proximity might 39 be heard over a greater distance, but effects would be short-term and localized. Under the 40 centralized work plan, the adoption of appropriate BMPs and proposed schedule for maintenance 41

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would ensure that noise would be minimized and noise-creating activities would be well 1 dispersed throughout the region avoiding any pockets of intense activity. Consequently, existing 2 noise sources would continue to dominate the noise environment and, cumulatively, effects on 3 the noise environment from the maintenance and repair of all tactical infrastructure would be 4 negligible to minor. 5

4.2.12 Cultural Resources 6

Historically, long-term, major, adverse effects on cultural resources have likely occurred from 7 the destruction or alteration of resources before their significance was realized. The Proposed 8 Action involves maintenance and repair of tactical infrastructure along existing corridors and 9 roadways. Tactical infrastructure construction for those projects identified in Table 4-1 was 10 performed under the supervision of cultural resources specialists to ensure known cultural 11 resources would be protected and that any unanticipated discoveries would be identified and 12 coordinated with the appropriate Federal, state, or tribal parties. CBP prepared detailed cultural 13 resources reports and surveyed areas prior to construction, and groundbreaking activities were 14 subsequently monitored. No effects on cultural resources were identified in the ESSRs for 15 construction of pedestrian and vehicle fence along the U.S./Mexico international border because 16 cultural resources were appropriately identified and mitigated prior to construction. 17 Cumulatively, effects on cultural resources from the maintenance and repair of tactical 18 infrastructure would be negligible. 19

4.2.13 Roadways and Traffic 20

Most of the action area is remote; there are fewer and smaller roadways servicing remote areas. 21 States and localities continuously maintain or improve roadways as needed to service the 22 population, which occurs more frequently and intensely in populated areas than in remote areas. 23 The roadways affected by the Proposed Action are primarily unpaved roadways classified as FC-24 3 or FC-4 (see Appendix C) that are not commonly used by the general public. Maintenance of 25 other existing tactical infrastructure would be expected to have similar effects on roadways and 26 traffic as those described in this EA (see Section 3.13.3). Cumulatively, effects on roadways and 27 traffic from the maintenance and repair of tactical infrastructure would be negligible. 28

4.2.14 Hazardous Materials and Waste Management 29

Past development activities and land uses have resulted in multiple hazardous waste sites in the 30 action area. As discussed in Section 3.14, Federal and state regulations govern the storage, 31 transportation, handling, use, generation, and disposal of hazardous substances, petroleum 32 products, and hazardous and petroleum wastes. Some of the action area is heavily agricultural, 33 so herbicides and pesticides are used and stored. Pesticide sale and use are also regulated. 34

The Proposed Action and other tactical infrastructure maintenance and repair activities would 35 use small amounts of hazardous materials. Quantities of hazardous materials for individual 36 projects would be relatively small, contained to areas associated with work areas, and handled in 37 accordance with all Federal and Texas laws and regulations. Localized, adverse effects could 38 occur in the event of a spill, but the potential for cumulative, adverse effects is minimal. 39

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Cumulatively, effects on hazardous materials and waste management from the maintenance and 1 repair of tactical infrastructure would be negligible. 2

4.2.15 Socioeconomic Resources, Environmental Justice, and Protection of Children 3

The southwestern region of the United States, particularly Hidalgo, Webb, Starr, Cameron, 4 Zapata, and Maverick counties, has experienced robust population growth over the past two 5 decades. The Proposed Action would provide only minor, short-term, beneficial effects while 6 maintenance and repair activities are occurring and would have little potential for cumulative 7 effects on socioeconomic resources. Maintenance and repair activities of tactical infrastructure, 8 including the Proposed Action and other projects identified in Table 4-1, would result in 9 long-term, beneficial cumulative effects by allowing USBP agents to patrol border areas 10 effectively. This would be considered cumulatively beneficial for the safety of all residents, 11 including children, in the southern border area. 12

4.2.16 Alternative 2: No Action Alternative 13

The No Action Alternative (Alternative 2) would result in reactive maintenance and repair of 14 tactical infrastructure within 25 miles of the U.S./Mexico international border in Texas. As 15 discussed in Section 3, generally, the No Action Alternative would be expected to have a greater 16 potential for adverse effects than the Proposed Action on soils, vegetation, terrestrial and aquatic 17 wildlife, threatened and endangered species, groundwater, surface water and waters of the United 18 States, floodplains, air quality, noise, cultural resources, roadways and traffic, hazardous 19 materials and waste management, and socioeconomic resources. Under the No Action 20 Alternative, maintenance and repair work would be completed on an as-needed basis without a 21 centralized planning process that establishes maintenance and repair specifications and 22 standardizes BMPs. The lack of a centralized planning effort would make it far more difficult 23 for CBP to prevent the gradual degradation of all tactical infrastructure. This gradual 24 degradation of past, present, and foreseeable future tactical infrastructure projects when 25 considered in conjunction with the No Action Alternative could result in adverse impacts on 26 resources well beyond the intended footprint of proposed maintenance and repair. Degraded 27 roads and associated drainage features could lead to more adverse offsite erosion and 28 sedimentation with an unintended increase in impacts on associated water quality and species 29 habitat. There is a greater potential for emergency repairs when BMPs might not be 30 implemented. Under such conditions, there is also a greater likelihood of repair activities 31 occurring beyond the proposed footprint with a corresponding potential to affect adversely 32 cultural resources and species habitat that have not been previously surveyed. Maintenance and 33 repair activities could also be more sporadic under the No Action Alternative, which would be 34 more adverse on socioeconomic resources than the Proposed Action. Effects on land use under 35 the No Action Alternative would be the same as effects under the Proposed Action. 36

Cumulative effects on soils, vegetation, terrestrial and aquatic wildlife, threatened and 37 endangered species, groundwater, surface water and waters of the United States, floodplains, air 38 quality, noise, cultural resources, roadways and traffic, hazardous materials and waste 39 management, and socioeconomics under the No Action Alternative would be expected to be 40 more adverse than those discussed under the Proposed Action. Cumulative effects on land use 41 would be essentially the same as those discussed under the Proposed Action. Implementation of 42

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the No Action Alternative would not, however, be expected to contribute to significant adverse, 1 cumulative effects when considered with other recently completed or planned future projects in 2 the action area. 3

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USFWS. 2010. Tobusch Fishhook Cactus (Sclerocactus brevihamatus ssp. Tobuschii); 5-Year Review: Summary and Evaluation.

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USFWS 2010b

U.S. Fish and Wildlife Service. 2010. South Texas Ambrosia (Ambrosia cheiranthifolia); 5-Year Review: Summary and Evaluation.

USFWS 2010c

USFWS. 2010. Texas Ayenia (Ayenia limitaris); 5-Year Review: Summary and Evaluation.

USFWS 2010d

USFWS. 2010. Rio Grande Silvery Minnow Recovery Plan (Hybognathus amarus), First Revision. Albuquerque, New Mexico. January 2010.

USFWS 2010e

USFWS. 2010. Draft Ocelot (Leopardus pardalis) Recovery Plan, First Revision. U.S. Fish and Wildlife Service, Southwest Region, Albuquerque, New Mexico.

USFWS 2013a

USFWS. 2013. Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for the Western Distant Population Segment of the Yellow-billed Cuckoo (Coccyzus americanus). 78 Federal Register 61621 61666. 3 October 2013.

USFWS 2013b

USFWS. 2013. Gulf Coast Jaguarundi (Puma yagouaroundi cacomitli) Recovery Plan, First Revision. U.S. Fish and Wildlife Service, Southwest Region. Albuquerque, New Mexico.

USFWS 2014a

USFWS. “Santa Ana National Wildlife Refuge: About the Refuge.” Available online: <http://www.fws.gov/refuge/Santa_Ana/about.html>. Accessed 21 March 2014.

USFWS 2014b

USFWS. 2014. “Endangered Species List - List of Species by County, Arizona.” Available online: <http://www.fws.gov/southwest/ es/EndangeredSpecies/lists/>. Accessed 4 March 2014

USGS 1996a USGS. 1996. “Ground Water Atlas of the United States, Oklahoma, Texas.” Available online: <http://pubs.usgs.gov/ha/ha730/ch_c/index.html>. Accessed 27 December 2010.

USGS 1996b USGS. 1996. “Loss of Wetlands in the Southwestern United States.” Available online: <http://geochange.er.usgs.gov/sw/impacts/ hydrology/wetlands/>. Accessed 21 December 2010.

USGS 2007 USGS. 2007. Digital Animal-Habitat Models for the Southwestern United States. Version 1.0. U.S. Geological Service National Gap Analysis Program. Center for Applied Spatial Ecology, New Mexico Cooperative Fish and Wildlife Research Unit, New Mexico State University. Available online: <http://www.gap.uidaho.edu/landcoverviewer.html>. Accessed 23 December 2010.

USGS 2008 USGS. 2008. “Texas Seismic Hazard Map.” Available online: <http://earthquake.usgs.gov/earthquakes/states/texas/hazards.php>. Accessed 29 December 2010.

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USGS 2009 USGS. 2009. USGS Earthquake Hazards Program: Database Search. Available online: <http://geohazards.cr.usgs.gov/cfusion/qfault/index.cfm>. Accessed 29 December 2010.

USGS 2010a USGS. 2010. “Boundary Descriptions and Names of Regions, Subregions, Accounting Units, and Cataloging Units.” Available online: <http://water.usgs.gov/GIS/huc_name.html>. Accessed 27 December 2010.

USGS 2010b USGS. 2010. "Contemporary Land-Cover Change from 1973 to 2000 in the Chihuahua Deserts Ecoregion". Available online: <http://landcovertrends. usgs.gov/west/eco24Report.html>. Accessed 28 December 2010.

USGS 2014 USGS. 2010. "Boundary Descriptions and Names of Regions, Subregions, Accounting Units, and Cataloging Units". Available online: <http://water .usgs.gov/GIS/huc_name.html>. Accessed 10 March 2014.

USIBWC 2013

United States International Boundary and Water Commission. 2013. Rio Grande Basin Summary Report. 2013

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6. LIST OF PREPARERS 1

This EA has been prepared under the direction of CBP and the USACE Fort Worth District. The 2 individuals that assisted in resolving and providing agency guidance for this document are listed 3 as follows. 4

Don Beckham (LMI) 5 Facilities Management & Engineering 6 Environmental and Energy Division 7 U.S. Customs & Border Protection 8

Paul Enriquez (CBP) 9 Supervisory Environmental Protection 10 Specialist 11 Border Patrol Facilities and Tactical 12 Infrastructure 13 Program Management Office 14 Facilities Management and Engineering 15

Audra Upchurch, PMP (LMI) 16 Senior Environmental Program Management 17 Specialst 18 Border Patrol Facilities and Tactical 19 Infrastructure 20 Program Management Office 21 Facilities Management & Engineering 22

Joseph Zidron (CBP) 23 Environmental Protection Specialist 24 Border Patrol Facilities and Tactical 25 Infrastructure 26 Program Management Office 27 Facilities Management and Engineering 28

This EA has been prepared by HDR under the direction of CBP. The individual contractor 29 personnel that contributed to the preparation of this document are listed as follows. 30

Domenick Alario 31 B.A. Geography 32 Years of Experience: 8 33

Stephen Armstrong 34 B.S. Environmental Science 35 Years of Experience: 2 36

Thomas Blonkowski 37 B.A. Environmental Economics 38 Years of Experience: 2 39

David Boyes, REM, CHMM 40 M.S. Natural Resources 41 B.S. Applied Biology 42 Years of Experience: 36 43

Timothy Didlake 44 B.S. Earth Sciences 45 Years of Experience: 5 46

Michael Ernst 47 B.S. Chemical Engineering 48 Years of Experience: 13 49

50

Nicolas Frederick 51 M.S. Biology 52 B.S. Psychology 53 Years of Experience: 4 54

Leigh Hagan 55 M.E.S.M. Environmental Science and 56 Management 57 B.S. Biology 58 Years of Experience: 9 59

Christopher Holdridge 60 M.S. Environmental Assessment 61 B.S. Environmental Science/Chemistry 62 Years of Experience: 17 63

Laura Jolley 64 B.S. Biology 65 Years of Experience: 8 66

Gregory Lockard 67 Ph.D. Anthropology 68 M.A. Anthropology 69

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B.A. History and Political Science 1 Years of Experience: 18 2

Shad Manning 3 M.S. Environmental Science 4 B.A. Geology 5 Years of Experience: 7 6

Sean McCain 7 M.B.A. Business Administration 8 B.S. Forestry and Natural Resources 9 Management 10 Years of Experience: 18 11

Benjamin Patterson 12 B.S. Geography 13 Years of Experience: 11 14

Steven Peluso, CHMM, CPEA 15 B.S. Chemical Engineering 16 Years of Experience: 27 17

Steve Pyle 18 J.D. Environmental Law 19 B.S. Natural Resource Management 20 Years of Experience: 13 21

Jennifer Rose 22 M.S. Environmental Science and Policy 23 B.S. Geology 24 Years of Experience: 7 25

Cheryl Schmidt 26 Ph.D. Biology 27 M.S. Biology 28 B.S. Science 29 Years of Experience: 28 30

31

Joseph Schroeder 32 B.S. Rangeland Ecology 33 A.S. Wildlife Biology 34 Years of Experience: 7 35

Emily L. Smith 36 N.R.L.S. (Natural Resources Law Studies) 37 B.A. Biology 38 Years of Experience: 6 39

Patrick Solomon 40 M.S. Geography 41 B.A. Geography 42 Years of Experience: 19 43

John Timpone 44 B.S. Biology 45 M.S. Wildlife Biology 46 Years of Experience: 11 47

Lauri Watson 48 B.S. Environmental Science 49 Years of Experience: 10 50

Valerie Whalon 51 M.S. Fisheries Science 52 B.S. Science 53 Years of Experience: 19 54

Mary Young 55 B.S. Environmental Science 56 Years of Experience: 1057

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APPENDIX A

Applicable Laws and Executive Orders

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APPENDIX A 1

Applicable Laws and Executive Orders 2

Table A-1. Applicable Laws and Executive Orders 1 3

Title, Citation Summary

Archaeological and Historical Preservation Act, 16 U.S.C. 469

Protects and preserves historical and archaeological data. Requires Federal agencies to identify and recover data from archaeological sites threatened by a proposed action(s).

Clean Air Act, 42 U.S.C. 7401–7671q, as amended

Establishes Federal standards for air pollutants. Prevents significant deterioration in areas of the country where air quality fails to meet Federal standards.

Clean Water Act, 33 U.S.C. 1251–1387 (also known as the Federal Water Pollution Control Act)

Comprehensively restores and maintains the chemical, physical, and biological integrity of the nation’s waters. Implemented and enforced by the U.S. Environmental Protection Agency (USEPA).

Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601–9675 (also known as “Superfund”)

Provides for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and cleanup of inactive hazardous substance disposal sites. Establishes a fund financed by hazardous waste generators to support cleanup and response actions.

Endangered Species Act of 1973, 16 U.S.C. 1531–1543, as amended

Protects threatened, endangered, and candidate species of fish, wildlife, and plants and their designated critical habitats. Prohibits Federal action that jeopardizes the continued existence of endangered or threatened species. Requires consultation with U.S. Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA) Fisheries and a biological assessment when such species are present in an area affected by Federal government activities.

Fish and Wildlife Coordination Act, 16 U.S.C. 661–667e, as amended

Authorizes the Secretaries of the Interior and Commerce to provide assistance to and cooperate with Federal and state agencies to protect, rear, stock, and increase the supply of game and fur-bearing animals, as well as to study the effects of domestic sewage, trade wastes, and other polluting substances on wildlife. The 1946 amendments require consultation with the USFWS and the state fish and wildlife agencies involving any waterbodies that are proposed or authorized, permitted, or licensed to be impounded, diverted, or otherwise controlled or modified by any agency under a Federal permit or license.

Migratory Bird Treaty Act, 16 U.S.C. 703–712

Implements various treaties for protecting migratory birds; the taking, killing, or possession of migratory birds is unlawful.

National Environmental Policy Act of 1969, 42 U.S.C. 4321–4370e, as amended

Requires Federal agencies to use a systematic approach when assessing environmental impacts of government activities. Proposes an interdisciplinary approach in a decisionmaking process designed to identify unacceptable or unnecessary impacts to the environment.

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Title, Citation Summary

National Historic Preservation Act, 16 U.S.C. 470–470x-6

Requires Federal agencies to consider the effect of any federally assisted undertaking or licensing on any district, site, building, structure, or object eligible for inclusion, or listed in the National Register of Historic Places (NRHP). Provides for the nomination, identification (through NRHP listing), and protection of significant historical and cultural properties.

Noise Control Act of 1972, 42 U.S.C. 4901–4918

Establishes a national policy to promote an environment free from noise that jeopardizes health and welfare. Authorizes the establishment of Federal noise emissions standards and provides relevant information to the public.

Occupational Safety and Health Act of 1970, 29 U.S.C. 651–678

Establishes standards to protect workers, including standards on industrial safety, noise, and health standards.

Resource Conservation and Recovery Act, 42 U.S.C. 6901–6992k

Establishes requirements for safely managing and disposing of solid and hazardous waste and underground storage tanks.

Executive Order (EO) 12372, Intergovernmental Review of Federal Programs, July 14, 1982, 47 FR 30959 (6/16/82), as supplemented

Requires Federal agencies to consult with state and local governments when proposed Federal financial assistance or direct Federal development impacts interstate metropolitan urban centers or other interstate areas.

EO 12898, Environmental Justice, February 11, 1994, 59 FR 7629 (2/16/94), as amended

Requires certain Federal agencies, to the greatest extent practicable permitted by law, to make environmental justice part of their missions by identifying and addressing disproportionately high and adverse health or environmental effects on minority and low-income populations.

EO 13423, Strengthening Federal Environmental, Energy, and Transportation Management, January 24, 2007, 72 FR 3919 (January 26, 2007)

Requires the head of each Federal agency to implement sustainable practices for energy efficiency, greenhouse gas emissions avoidance or reduction, and petroleum products use reduction; renewable energy, including bioenergy; water conservation; acquisition; pollution and waste prevention and recycling; reduction or elimination of acquisition and use of toxic or hazardous chemicals; high performance construction, lease, operation, and maintenance of buildings; vehicle fleet management; and electronic equipment. Requires more widespread use of Environmental Management Systems as the framework with which to manage and continually improve these sustainable practices.

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Title, Citation Summary

EO 13514, Federal Leadership in Environmental, Energy, and Economic Performance, October 5, 2009, 74 FR 52117 (October 8, 2009)

Directs Federal agencies to improve water use efficiency and management; implement high performance sustainable Federal building design, construction, operation, and management; and advance regional and local integrated planning by identifying and analyzing impacts from energy usage and alternative energy sources. EO 13514 also directs Federal agencies to prepare and implement a Strategic Sustainability Performance Plan to manage its greenhouse gas (GHG) emissions, water use, pollution prevention, regional development and transportation planning, and sustainable building design; and promote sustainability in its acquisition of goods and services. Section 2(g) requires new construction, major renovation, or repair and alteration of buildings to comply with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings.

EO 13175, Consultation and Coordination with Indian Tribal Governments, November 6, 2000, 65 FR 67249 (11/09/00)

Requires Federal agencies to establish an accountable process that ensures meaningful and timely input from tribal officials in developing policies that have tribal implications.

EO 13186, Responsibilities of Federal Agencies to Protect Migratory Birds, January 10, 2001, 66 FR 3853 (1/17/01)

Requires each agency to ensure that environmental analyses of Federal actions (required by the National Environmental Policy Act or other established environmental review processes) evaluate the effects of actions and agency plans on migratory birds, emphasizing species of concern. Agencies must support the conservation intent of migratory bird conventions by integrating bird conservation principles, measures, and practices into agency activities, and by avoiding or minimizing, to the extent practicable, adverse impacts on migratory bird resources when conducting agency actions.

EO 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971, 36 FR 8921 (5/15/71)

Requires all Federal agencies to locate, identify, and record all cultural resources, including significant archeological, historical, or architectural sites.

Note: 1. This table only reflects those laws and EOs that might reasonably be expected to apply to the Proposed Action

and alternatives addressed in this EA.

Other laws and Executive Orders (EOs) potentially relevant to this EA include, but are not 1 limited to, the following: 2

American Indian Religious Freedom Act, 42 U.S.C. 1996, et seq. 3

Antiquities Act, 16 U.S.C. 433, et seq.; Archeological Resources Protection Act, 16 4 U.S.C. 470 aa-ll, et seq. 5

Architectural Barriers Act, 42 U.S.C. 4151, et seq. 6

Community Environmental Response Facilitation Act, 42 U.S.C. 9620, et seq. 7

Department of Transportation Act, Public Law (P.L.) 89-670, 49 U.S.C. 303, Section 8 4(f), et seq. 9

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Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001–11050, et 1 seq. 2

Environmental Quality Improvement Act, P.L. 98-581, 42 U.S.C. 4371, et seq. 3

Farmlands Protection Policy Act, P.L. 97-98, 7 U.S.C. 4201, et seq. 4

Federal Insecticide, Fungicide, and Rodenticide Act, P.L. 86-139, 7 U.S.C. 135, et seq. 5

Federal Records Act, 44 U.S.C. 2101-3324, et seq. 6

Fish and Wildlife Act of 1956, P.L. 85-888, 16 U.S.C. 742, et seq. 7

Flood Disaster Protection Act, 42 U.S.C. 4001, et seq. 8

Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001, et seq. 9

Pollution Prevention Act of 1990, 42 U.S.C. 13101-13109, et seq. 10

Safe Drinking Water Act, P.L. 93-523, 42, U.S.C. 201, et seq. 11

Toxic Substances Control Act, 7 U.S.C. 136, et seq. 12

Wild and Scenic Rivers Act, P.L. 90-542, 16 U.S.C. 1271, et seq. 13

EO 12114, dated January 9, 1979, Environmental Effects Abroad of Major Federal 14 Actions, 44 FR 1957 15

EO 12088, dated October 13, 1978, Federal Compliance with Pollution Control 16 Standards, 43 FR 47707, as amended by EO 12580, dated January 23, 1987, and revoked 17 (in part) by EO 13148, dated April 21, 2000 18

EO 13132, dated August 4, 1999, Federalism, 64 FR 43255 19

EO 11988, dated May 24, 1977, Floodplain Management and Protection, 42 FR 26951, 20 as amended by EO 12148, dated July 20, 1979, 44 FR 43239 21

EO 13007, dated May 24, 1996, Historic Sites Act, 16 U.S.C. 46, et seq.; Indian Sacred 22 Sites, 61 FR 26771 23

EO 12372, dated July 14, 1982, Intergovernmental Review of Federal Programs, 47 FR 24 30959, as amended by EO 12416, April 8, 1983, 48 FR 15587; supplemented by EO 25 13132, August 4, 1999, 64 FR 43255 26

EO 13112, dated February 3, 1999, Invasive Species, 64 FR 6183, as amended by EO 27 13286, February 28, 2003, 68 FR 10619 28

EO 11514, dated March 5, 1970, Protection and Enhancement of Environmental Quality, 29 35 FR 4247, as amended by EO 11541, July 1, 1970, 35 FR 10737 and EO 11991, May 30 24, 1977, 42 FR 26967 31

EO 13045, dated April 21, 1997, Protection of Children from Environmental Health and 32 Safety Risks, 62 FR 19885, as amended by EO 13229, October 9, 2001, 66 FR 52013 and 33 EO 13296, April 18, 2003, 68 FR 19931 34

EO 11990, dated May 24, 1977, Protection of Wetlands, 42 FR 26961, as amended by 35 EO 12608, September 9, 1987, 52 FR 34617. 36

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APPENDIX B

Public Involvement and Agency Coordination

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B-1

APPENDIX B 1

Public Involvement and Agency Coordination 2

Interested Party List 3

Copies of the Coordination Letter and Draft EA will be sent to the following agencies and 4 interested parties during the Draft EA public review period: 5

[[Preparer’s Note: The coordination letter and distribution list are being developed.]] 6

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APPENDIX C

Tactical Infrastructure Classifications and

Maintenance and Repair Standards

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APPENDIX C 1

Tactical Infrastructure Classifications 2

and Maintenance and Repair Standards 3

Introduction 4

The tactical infrastructure will be maintained in accordance with proven maintenance and repair 5 standards. All of the standards CBP is adopting are developed based on comprehensive 6 engineering analysis, proven BMPs adopted by other Federal agencies, and mitigation measures 7 derived from extensive consultation with both regulatory and resources agencies. Below is a 8 description of tactical infrastructure classifications and maintenance and repair standards. 9

Road Classification 10

CBP has developed a road classification system whereby roads are maintained to specific 11 standards dependent upon their classification. Under the CBP classification system, five 12 standards for roads have been developed: 13

FC-1 Paved Road – Paved, all-weather road constructed of any material. Road is two 14 lane with a total road width of 24 feet (see Figures C-1 and C-2). 15

FC-2 All-Weather Road – Unpaved, all-weather road consisting of a surface of imported 16 aggregate material such as milled bituminous material or processed stone and gravel. 17 Road is two-lane with a total road width of 24 feet (see Figures C-3 and C-4). 18

FC-3 Graded Earth Road – Unpaved road constructed of graded, native material. Road 19 is two-lane with a total road width of 20 feet (see Figures C-5 and C-6). 20

FC-4 Two-Track Road – Unpaved road on natural ground consisting of a single lane with 21 an overall road width of 10 feet (see Figures C-7 and C-8). 22

FC-5 Sand Road – Unpaved, sand road consisting of natural ground conditions, two 23 lanes, and an overall road width of 16 to 18 feet (see Figures C-9 and C-10). 24

Road Maintenance and Repair 25

The maintenance and repair of FC-1 and FC-2 roads within state, county, or municipal 26 government’s purview is completed by their transportation departments. Maintenance and repair 27 of FC-1 and FC-2 roads located on Federal land are maintained in coordination and performed 28 where necessary by agreement with the appropriate Federal agency. In general, CBP would 29 adhere to U.S. Forest Service (USFS) standards for road maintenance, which have been tried and 30 proven over many years and in a variety of environmental conditions. 31

Some of the tactical infrastructure on Federal lands is covered by the Secretary’s waiver and is 32 the responsibility of CBP to maintain and repair. In the few instances where CBP is required to 33 maintain FC-1 and FC-2 roads, maintenance and repair would be restricted to minor resurfacing 34 to address potholes in paved surfaces and rutting and raveling in all-weather roads. Minor work 35 to shoulder areas of these roads would also be required to maintain the integrity of the road 36 surfaces and roadbeds. 37

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1

Figure C-1. FC-1 Paved Road (Photograph) 2

3

Figure C-2. FC-1 Paved Road (Diagram) 4

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C-3

1

Figure C-3. FC-2 All-Weather Road (Photograph) 2

3

Figure C-4. FC-2 All-Weather Road (Diagram) 4

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1

Figure C-5. FC-3 Graded Earth Road (Photograph) 2

3

Figure C-6. FC-3 Graded Road (Diagram) 4

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1

Figure C-7. FC-4 Two-Track Road (Photograph) 2

3

Figure C-8. FC-4 Two-Track Road (Diagram) 4

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1

Figure C-9. FC-5 Sand Road (Photograph) 2

3

Figure C-10. FC-5 Sand Road (Diagram) 4

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The majority of proposed maintenance and repair is planned for FC-3 and FC-4 roads. Because 1 of their lack of formal construction design, FC-3 and FC-4 roadways are subject to the greatest 2 deterioration if left unmaintained. When subjected to heavier traffic, rutting occurs, which in 3 turn is exacerbated by rain events that further erode the surface. Unmanaged storm water flow 4 also causes general erosion to occur, washing out complete sections of road and in many 5 instances making roads impassable. The characteristics of the FC-4 road will remain unchanged 6 from maintenance and repair. 7

Grading with the use of commercial grading equipment (see Figure C-11) is proposed to restore 8 an adequate surface to FC-3 roads. USBP sector personnel and contract support personnel 9 well-versed in grading techniques would be employed for such activity. A poorly regraded 10 surface quite often results in rapid deterioration of the surface. The restored road should be 11 slightly crowned and absent of windrows in the gutter line to avoid ponding and channeling 12 within the road during rain events. Any associated roadside drainage would be maintained to 13 ensure that runoff is relieved from the road surface quickly and effectively without creating 14 further erosion issues. The addition of material to these roads to achieve the proposed objective 15 would be kept to a minimum. All necessary erosion-control BMPs would be adopted to ensure 16 stabilization of the project areas. 17

18

Figure C-11. Standard Grading Equipment 19

The frequency of maintenance would depend on usage and weather conditions (e.g., heavy rain 20 seasons could require an increase in maintenance and repair). Maintenance and repair activities 21 would include inspections to determine surface irregularities (e.g., potholes, washout), then 22

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C-8

grading, compacting, and reshaping of the road would occur generally using onsite soils as 1 necessary. The addition of material to these roads to achieve the proposed objective would be 2 kept to a minimum, but may be necessary to fill depressions or to grade the surface of the road 3 back up to match shoulder grades. Roads could occasionally need to be scarified, have aggregate 4 added, and the surface recompacted. It is recommended that these roads be inspected and, if 5 necessary, maintained every six months and after major storm events. Debris and sedimentation 6 removal from low water crossings, culverts, and ditches to minimize flooding, water diversion, 7 and erosion would also occur every six months and after major storm events. All necessary 8 erosion-control BMPs would be adopted to ensure stabilization of the project areas (see 9 Appendix E). 10

As the two track name implies, FC-4 roads consist of two parallel tracks created by the loss of 11 vegetation where the tires contact and compact the earth; between which may lay a strip of 12 low-growth vegetation. These roads receive very little maintenance consisting primarily of 13 occasional brush and boulder clearing, and possibly but much less frequently grading with small 14 tractor mounted box blades. Two-track roads have no crown, and generally do not have any 15 improved drainage features or ditches, although culverts and low water crossings may be 16 installed where continuous erosion issues occur. Any maintenance and repair done to FC-4 17 roads would not change the character of the roadway. 18

Most FC-5 roads are associated with fence infrastructure that has been covered by the 19 Secretary’s waiver or previous NEPA documentation and therefore dismissed from further 20 discussion. There are, however, some FC-5 roads that provide access to infrastructure that are 21 not covered by the Secretary’s waiver or previous NEPA documentation and will be examined 22 throughout this EA. Activities to maintain FC-5 roads would be similar to those described above 23 for FC-3 roads. 24

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APPENDIX D

Detailed Maps of the Tactical Infrastructure Maintenance

and Repair Action Area

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APPENDIX D 1

Detailed Maps of the Tactical Infrastructure 2

Maintenance and Repair Region of Analysis 3

[[Preparer’s Note: The detailed species range maps are being developed and will be provided 4 with the Biological Assessment.]] 5

There are approximately 74 ecological systems in the region of analysis (see Table D-1). The 6 ecological systems that generally define and compose 95 percent of the landscape within the 7 action area are described below. These ecological systems were extracted from NatureServe 8 Explorer (NatureServe 2010). 9

Additionally, links are provided here for supplementary detailed maps of the tactical 10 infrastructure along the U.S./Mexico international border in Texas (see Map Index on page D-4). 11 In addition to displaying existing tactical infrastructure, the maps display the ranges of federally 12 threatened and endangered species that would require use of species-specific BMPs, as formally 13 agreed upon during consultation with the USFWS and further discussed in the Biological 14 Assessment. 15

The maps delineate ranges, including designated critical habitat, extent of suitable habitat, and 16 documented sightings of the species in the area. Wilderness or other special-use designations 17 and land management agency practices are considered in maintenance and repair planning. 18 Coordination with land management agencies, Federal land managers, and the USFWS, if 19 necessary, would occur and appropriate BMPs would be implemented. The maps presented are 20 not intended to be used as an implementation tool for maintenance and repair activities, but 21 instead represent a method to show the range of potential threatened and endangered species. 22

Depending on the number and nature of resources that could be impacted, a graduated series of 23 BMPs would be identified to reduce impacts to less than significant levels. The BMPs are 24 presented in Appendix E along with the affected resources. The combination of the informative 25 maps and the relevant BMPs are intended to provide CBP with a visual framework to assist in 26 applying appropriate maintenance and repair solutions in sensitive areas. Descriptions of state-27 listed rare, threatened, and endangered species, their habitat, and impact determinations are 28 outlined in Table D-2. 29

30

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D-2

Table D-1. Ecological Systems within the Region of Analysis 1

Ecological Systems Chihuahuan Mixed Desert and Thorn Scrub Tamaulipan Mesquite Upland Scrub Apacherian-Chihuahuan Mesquite Upland Scrub Chihuahuan Creosotebush, Mixed Desert and Thorn Scrub Chihuahuan Succulent Desert Scrub Apacherian-Chihuahuan Semi-Desert Grassland and Steppe Tamaulipan Calcareous Thornscrub Tamaulipan Savanna Grassland Edwards Plateau Limestone Shrubland Cultivated Cropland Chihuahuan Loamy Plains Desert Grassland Edwards Plateau Limestone Savanna and Woodland Chihuahuan Mixed Salt Desert Scrub Developed, Low Intensity Developed, Open Space Disturbed, Non-specific Madrean Encinal Tamaulipan Floodplain Developed, Medium Intensity Pasture/Hay North American Warm Desert Riparian Systems Western Great Plains Shortgrass Prairie Chihuahuan Stabilized Coppice Dune and Sand Flat Scrub Tamaulipan Riparian Systems Western Great Plains Mesquite Woodland and Shrubland Open Water (Fresh) Chihuahuan-Sonoran Desert Bottomland and Swale Grassland Edwards Plateau Riparian Rocky Mountain Montane Riparian Systems Developed, High Intensity North American Warm Desert Riparian Woodland and Shrubland South Texas Sand Sheet Grassland Texas Coastal Bend Beach Gulf and Atlantic Coastal Plain Tidal Marsh Systems North American Warm Desert Pavement Disturbed/Successional - Shrub Regeneration North American Warm Desert Lower Montane Riparian Woodland and Shrubland North American Warm Desert Badland Madrean Pinyon-Juniper Woodland Modified/Managed Southern Tall Grassland Madrean Juniper Savanna Texas Saline Coastal Prairie South Texas Dune and Coastal Grassland Tamaulipan Mixed Deciduous Thornscrub South Texas Lomas

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Ecological Systems Central and South Texas Coastal Fringe Forest and Woodland North American Warm Desert Bedrock Cliff and Outcrop Mogollon Chaparral Western Great Plains Sandhill Steppe Southern Rocky Mountain Juniper Woodland and Savanna Texas-Louisiana Coastal Prairie Western Great Plains Floodplain Systems Southwestern Great Plains Canyon Western Great Plains Cliff and Outcrop Sonora-Mojave Mixed Salt Desert Scrub Edwards Plateau Dry-Mesic Slope Forest and Woodland North American Warm Desert Playa Open Water (Brackish/Salt) East-Central Texas Plains Riparian Forest Introduced Riparian and Wetland Vegetation Inter-Mountain Basins Semi-Desert Shrub Steppe Chihuahuan Sandy Plains Semi-Desert Grassland Harvested forest-Shrub Regeneration Sonoran Paloverde-Mixed Cacti Desert Scrub Introduced Upland Vegetation - Annual Grassland Chihuahuan Gypsophilous Grassland and Steppe North American Warm Desert Wash Inter-Mountain Basins Semi-Desert Grassland Madrean Oriental Chaparral Rocky Mountain Gambel Oak-Mixed Montane Shrubland Edwards Plateau Mesic Canyon Rocky Mountain Lower Montane-Foothill Shrubland Inter-Mountain Basins Big Sagebrush Shrubland Southern Rocky Mountain Ponderosa Pine Woodland

1

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Map Index for Texas Federally Threatened and Endangered Species 1

Twenty-four federally listed threatened and endangered species have the potential to occur in the 2 region of analysis and could be affected by the Proposed Action. The ranges of federally listed 3 threatened and endangered species within the region of analysis are detailed in the maps linked 4 below. Click on the species names provided below to view the range map for that species. 5

Click here to view the species range map for Ashy dogweed. 6

Click here to view the species range map for Bunched cory cactus. 7

Click here to view the species range map for Chisos Mountain hedgehog cactus. 8

Click here to view the species range map for Hinckley’s oak. 9

Click here to view the species range map for Johnston’s frankenia. 10

Click here to view the species range map for Lloyd’s Mariposa cactus. 11

Click here to view the species range map for Tobusch fishhook cactus. 12

Click here to view the species range map for Sneed pincushion cactus. 13

Click here to view the species range map for South Texas Ambrosia. 14

Click here to view the species range map for Star cactus. 15

Click here to view the species range map for Terlingua Creek cat’s eye. 16

Click here to view the species range map for Texas ayenia. 17

Click here to view the species range map for Texas snowbells. 18

Click here to view the species range map for Walker’s manioc. 19

Click here to view the species range map for Zapata bladderpod. 20

Click here to view the species range map for Big Bend gambusia. 21

Click here to view the species range map for Devils River minnow. 22

Click here to view the species range map for Rio Grande silvery minnow. 23

Click here to view the species range map for Black-capped vireo. 24

Click here to view the species range map for Yellow-billed cuckoo. 25

Click here to view the species range map for Mexican long-nosed bat. 26

Click here to view the species range map for Gulf Coast jaguarundi. 27

Click here to view the species range map for Ocelot. 28

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Table D-2. Determination of Impacts For State Listed Rare, Threatened and Endangered Species That Occur Within El Paso, Hudspeth, Culberson, Jeff Davis, Presidio, Brewster, Pecos, Terrell, Val Verde, Edwards, Kinney, Uvalde, Zavala, Maverick, Dimmit, Webb,

Zapata, Starr, Hidalgo, and Cameron Counties, Texas

Species Listing Status

Habitat Range

(County) Determination

ARACHNIDS

Guadalupe Cave pseudoscorpion

Archeolarca guadalupensis

R Lives in leaf mold or decaying

vegetation, in soils, beneath bark and stones, and in some mammals’ nests.

Culberson

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

AMPHIBIANS

Black-spotted newt Notophthalmus

meridionalis T

Wet areas, such as arroyos, canals, ditches, or even shallow depressions; aestivates in the ground during dry

periods.

Cameron and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Dolan Falls salamander Eurycea sp 10

R Springs and waters. Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Edwards Plateau spring salamanders Eurycea sp 7

R Springs and waters of some caves of

this region. Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

Mexican burrowing toad Rhinophrynus dorsalis

T

Roadside ditches, temporary ponds, arroyos, or wherever loose friable

soils are present in which to burrow; generally underground emerging only

to breed or during rainy periods.

Starr and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

AMPHIBIANS (CONTINUED)

Mexican treefrog Smilisca baudinii

T Sub-humid regions near streams and

in resacas. Hidalgo and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Northern leopard frog Rana pipiens

R

Streams, ponds, lakes, wet prairies, and other bodies of water; will range into grassy, herbaceous areas some

distance from water; eggs laid March-May and tadpoles transform late June-August; may have disappeared from

El Paso County due to habitat alteration.

El Paso

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Sheep frog Hypopachus variolosus

T Predominantly grassland and savanna;

moist sites in arid areas. Hidalgo and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

South Texas siren (large form)

Siren sp 1 T

Wet or sometimes wet areas, such as arroyos, canals, ditches, or even

shallow depressions; aestivates in the ground during dry periods, but does

require some moisture to remain.

Hidalgo, Maverick, and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Valdina Farms sinkhole salamander

Eurycea troglodytes complex

R Isolated, intermittent pools of a

subterranean streams and sinkholes. Edwards, Kinney,

Uvalde, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

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Species Listing Status

Habitat Range

(County) Determination

AMPHIBIANS (CONTINUED)

White-lipped frog Leptodactylus fragilis

T

Grasslands, cultivated fields, roadside ditches, and a wide variety of other

habitats; often hides under rocks or in burrows under clumps of grass;

species requirements incompatible with widespread habitat alteration and

pesticide use in south Texas.

Hidalgo, Starr, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

BIRDS

Audobon's oriole Icterus graduacauda

audubonii R

Scrub, mesquite; nests in dense trees, or thickets, usually along water

courses.

Cameron, Dimmit, Hidalgo, Maverick, Starr, Terrell, Val Verde, Webb, and

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Baird's sparrow Ammodramus bairdii

R Short-grass prairie with scattered

shrubs.

Brewster, Culberson, Dimmit, Edwards, El Paso, Hudspeth, Jeff

Davis, Kinney, Maverick, Pecos,

Presidio, Terrell, Val Verde, Webb, Zapata,

and Zavala

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Brown jay Cyanocorax morio

R

Woodlands and mesquite along the Rio Grande; dense brushy woods, open woods, forest edge, second-

growth woodland, clearings, plantation; nests in tree or shrub often far out on limb, usually 7-21 meters

above ground.

Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

BIRDS (CONTINUED)

Brownsville common yellowthroat

Geothlypis trichas insperata

R Tall grasses and bushes near ponds,

marshes, and swamps. Brewster, Hidalgo, and

Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Cactus ferruginous pygmy-owl

Glaucidium brasilianum cactorum

T

Riparian trees, brush, palm, and mesquite thickets; during day also

roosts in small caves and recesses on slopes of low hills; breeding April to

June.

Cameron, Hidalgo, Starr, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Common black-hawk Buteogallus anthracinus

T In cottonwoods (Populus spp.) or

willows (Salix spp.) within riparian areas.

Brewster, Cameron, Culberson, Hidalgo, Jeff Davis, Presidio,

Starr, Terrell, Val Verde, Webb, and

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Ferruginous hawk Buteo regalis

R Open areas, especially prairies, plains,

and badlands.

Brewster, Culberson, El Paso, Hudspeth, Jeff

Davis, Pecos, Presidio, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Gray hawk Asturina nitida

T Riparian woodlands and adjacent

scrub grasslands.

Brewster, Cameron, Hidalgo, Presidio, Starr, Terrell, and

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Hook-billed kite Chondrohierax

uncinatus R

Dense tropical and subtropical forests, but does occur in open woodlands.

Hidalgo, Starr, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

BIRDS (CONTINUED)

Mexican hooded oriole Icterus cucullatus

cucullatus R Thick riparian vegetation.

Dimmit, Kinney, Maverick, Starr,

Terrell, Val Verde, Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Montezuma quail Cyrtonyx montezumae

R Grassy openings in pine-oak or oak-

juniper

Brewster, Culberson, Edwards, El Paso,

Hudspeth, Jeff Davis, Maverick, Pecos,

Presidio, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Mountain plover Charadrius montanus

R Short-grass prairie, but occasionally

in cropland or barren ground.

Brewster, Culberson, Dimmit, Edwards,

Hidalgo, Hudspeth, Jeff Davis, Kinney,

Maverick, Pecos, Presidio, Uvalde, Webb, and Zavala

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Northern beardless-tyrannulet

Camptostoma imberbe T

Mesquite woodlands; near Rio Grande frequents cottonwood,

willow, elm, and great leadtree; breeding April to July.

Cameron, Hidalgo, Starr, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Prairie falcon Falco mexicanus

R Open, mountainous areas, plains and

prairie. Nests on cliffs.

Brewster, Culberson, El Paso, Hudspeth, Jeff

Davis, Pecos, Presidio, and Terrell

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

BIRDS (CONTINUED)

Reddish egret Egretta rufescens

T

Brackish marshes and shallow salt ponds and tidal flats; nests on ground or in trees or bushes, on dry coastal islands in brushy thickets of yucca

and prickly pear.

Cameron, Hidalgo, and Pecos

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Rose-throated becard Pachyramphus aglaiae

T Riparian trees, woodlands, open

forest, scrub, and mangroves; breeding April to July.

Cameron, Hidalgo, and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Sennett's hooded oriole Icterus cucullatus

sennetti R

Builds nests in Spanish moss (Tillandsia usneoides). Breeding

March to August.

Brewster, Cameron, Dimmit, Edwards, Hidalgo, Kinney, Maverick, Starr,

Terrell, Uvalde, Val Verde, Webb, Zapata,

and Zavala

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

Snowy plover Charadrius alexandrinus

T Formerly an uncommon breeder in the Panhandle; potential migrant;

winter along coast.

Cameron, Culberson, El Paso, Hudspeth, and

Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Sooty tern Sterna fuscata

R

Predominately 'on the wing'; does not dive, but snatches small fish and

squid with bill as it flies or hovers over water; breeding April-July.

Cameron

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Southeastern snowy plover

Charadrius alexandrinus tenuirostris

R Wintering migrant along beaches and

bayside mud or salt flats. Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

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Species Listing Status

Habitat Range

(County) Determination

BIRDS (CONTINUED)

Texas Botteri's sparrow Aimophila botterii

texana T

Grassland and short-grass plains with scattered bushes or shrubs, sagebrush, mesquite, or yucca; nests on ground

of low clump of grasses.

Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Tropical parula Parula pitiayumi

T Dense or open woods, undergrowth, brush, and trees along edges of rivers and resacas; breeding April to July.

Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Western burrowing owl Athene cunicularia

hypugaea R

Open grasslands, especially prairie, plains, and savanna, sometimes in open areas such as vacant lots near human habitation or airports; nests and roosts in abandoned burrows.

Brewster, Cameron, Culberson, Dimmit, Edwards, El Paso,

Hidalgo, Hudspeth, Jeff Davis, Kinney,

Maverick, Pecos, Presidio, Starr, Terrell,

Uvalde, Val Verde, Webb, Zapata, and

Zavala

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Western snowy plover Charadrius alexandrinus

nivosus R

Breeds in open areas of shortgrass prairie.

Cameron, Culberson, El Paso, Hidalgo, Hudspeth, and Val

Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

White-faced ibis Plegadis chihi

T

Freshwater marshes, sloughs, and irrigated rice fields, but will attend

brackish and saltwater habitats; nests in marshes, in low trees, on the

ground in bulrushes or reeds, or on floating mats.

Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

BIRDS (CONTINUED)

White-tailed hawk Buteo albicaudatus

T

Near coast on prairies, cordgrass flats, and scrub-live oak; further inland on prairies, mesquite and oak savannas,

and mixed savanna-chaparral; breeding March-May.

Cameron, Hidalgo, Hudspeth, and Kinney

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Wood stork Mycteria americana

T

Forages in prairie ponds, flooded pastures or fields, ditches, and other shallow standing water, including

salt-water; usually roosts communally in tall snags, sometimes in association

with other wading birds; formerly nested in Texas, but no breeding

records since 1960.

Cameron, Hidalgo, Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

Zone-tailed hawk Buteo albonotatus

T Riparian areas near arid open areas, including open pine-oak woodlands,

and mesa or mountain country.

Brewster, Cameron, Culberson, Edwards, Hidalgo, Jeff Davis,

Pecos, Presidio, Starr, Terrell, Uvalde, and

Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

CRUSTACEANS

Devil's Sinkhole amphipod

Stygobromus hadenoecus

R Subaquatic; subterranean obligate

crustacean; in cave pools. Edwards

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Ezell's cave amphipod Stygobromus flagellatus

R Known only from artesian wells. Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

FISH

American eel Anguilla rostrata

R

Most aquatic habitats with access to ocean, muddy bottoms, still waters,

large streams, lakes; can travel overland in wet areas; males in

brackish estuaries.

Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

Blotched gambusia Gambusia senilis

T Formerly known from springs and vegetated, quiet pools; probably

extirpated. Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

Blue sucker Cycleptus elongatus

T

Typically found in channels and flowing pools with a moderate current. Substrate type usually exposed bedrock, sometimes in

combination with sand and gravel. Adults winter in deep pools and

spawn on riffles upstream in spring.

Brewster, Kinney, Maverick, Presidio, Terrell, Uvalde, Val

Verde, and Webb

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Bluntnose shiner Notropis simus simus

T Pecos River; main river channel. El Paso, Hudspeth,

Presidio, and Terrell

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Chihuahua catfish Ictalurus sp.

R Rio Grande, main river channel.

Brewster, Jeff Davis, Kinney, Maverick,

Presidio, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Chihuahua shiner Notropis chihuahua

T

Clear cool water typically associated with springs; often in pools with

slight current with a gravel or sand substrate.

Brewster and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

BW11 FOIA CBP 007541

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D-14

Species Listing Status

Habitat Range

(County) Determination

FISH (CONTINUED)

Conchos pupfish Cyprinodon eximius

T Sloughs, backwaters, and margins of larger streams and mouths of creek

tributaries to larger rivers.

Brewster, Presidio, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Guadalupe bass Micropterus treculii

R Perennial streams. Edwards and Uvalde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Headwater catfish Ictalurus lupus

R Clear streams and rivers with

moderate gradients.

Brewster, Jeff Davis, Kinney, Maverick, Presidio, Terrell,

Uvalde, Val Verde, and Webb

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Manantial roundnose minnow

Dionda argentosa R

Creeks, medium rivers, streams and springs.

Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Maravillas red shiner Cyprinella lutrensis

blairi R Maravillas Creek. Brewster

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Mexican goby Ctenogobius claytonii

T Brackish and freshwater coastal

streams. Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Mexican redhorse Moxostoma austrinum

R Near rocks and boulders in rapids of

small to large streams.

Brewster, Hudspeth, Kinney, Maverick,

Presidio, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-15

Species Listing Status

Habitat Range

(County) Determination

FISH (CONTINUED)

Mexican stoneroller Campostoma ornatum

T Riffles, chutes, and pools of creeks

and rivers with a substrate consisting of sand, pebbles, gravel, or bedrock.

Brewster and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Opossum pipefish Microphis brachyurus

T

Brooding adults found in fresh or low salinity waters and young move or are carried into more saline waters after

birth.

Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Pecos pupfish Cyprinodon pecosensis

T

Shallow margins of clear, vegetated spring waters high in calcium

carbonate, as well as in sinkhole habitats.

Culberson, Pecos, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Proserpine shiner Cyprinella proserpina

T Rocky runs and pools of creeks and

small rivers.

Kinney, Maverick, Pecos, Terrell, and Val

Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Rio Grande chub Gila pandora

T

Pools of small to moderate-sized tributaries, often near inflow of riffles and in association with cover such as

undercut banks and plant debris.

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Rio Grande darter Etheostoma grahami

T Gravel and rubble riffles of creeks

and small rivers; spawns in the winter.

Kinney, Maverick, Terrell, Val Verde, and

Webb

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-16

Species Listing Status

Habitat Range

(County) Determination

FISH (CONTINUED)

Rio Grande shiner Notropis jemezanus

R Riffles of large rivers or creeks with a substrate of rubble, gravel and sand,

often overlain with silt.

Brewster, Cameron, Hidalgo, Kinney,

Maverick, Presidio, Starr, Terrell, Val Verde, Webb, and

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

River goby Awaous banana

T

Clear water with slow to moderate current, sandy or hard bottom, and little or no vegetation; also enters

brackish and ocean waters.

Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

INSECTS

A mayfly Allenhyphes michaeli

R

Texas Hill country. Mayflies distinguished by aquatic larval stage;

adult stage generally found in shoreline vegetation.

Uvalde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

A mayfly Caenis arwini

R Mayflies distinguished by aquatic larval stage; adult stage generally

found in shoreline vegetation. Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

A mayfly Campsurus decoloratus

R

Clay substrates; mayflies distinguished by aquatic larval stage;

adult stage generally found in shoreline vegetation.

Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

A mayfly Neochoroterpes kossi

R Small streams and adjacent shoreline

vegetation. Culberson

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-17

Species Listing Status

Habitat Range

(County) Determination

INSECTS (CONTINUED)

A Royal moth Sphingicampa

blanchardi R

Woodland - hardwood; Tamaulipan thornscrub with caterpillar's host

plant, Texas Ebony (Pitheocellobium flexicaule) an important element.

Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

A Royal moth Sphingicampa raspa

R Wooded areas with oaks, junipers, legumes and other woody trees and

shrubs

Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

A tiger beetle Tetracha affinis

angustata R

Open sandy areas, beaches, open paths or lanes, or on mudflats; larvae

in hard-packed ground in vertical burrows

Hidalgo and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

A tiger beetle Cicindela hornii

R Dry areas on hillsides or mesas where

soil is rocky or loamy and covered with grasses.

Brewster, Culberson, El Paso, Hudspeth, Jeff

Davis, and Pecos

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

A tiger beetle Amblycheila picolominii

R Bare rock/talus/scree, desert,

grassland/herbaceous; burrowing in or using soil.

Culberson

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Arroyo darner Aeshna dugesi

R

Creek, high - moderate gradient; eggs laid in aquatic plants, larvae cling to bottom of pools of streams, adults forage widely in pools in streams, from desert up to pine-oak zone.

Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-18

Species Listing Status

Habitat Range

(County) Determination

INSECTS (CONTINUED)

Barbara Ann's tiger beetle

Cicindela politula barbarannae

R

Limestone outcrops in arid treeless environments or in openings within

less arid pine-juniper-oak communities; open limestone

substrate itself is almost certainly an essential feature; roads and trails.

Culberson, El Paso, and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Blanchard's sphinx moth Adhemarius

blanchardorum R Deciduous forest. Brewster

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Bleached skimmer Libellula composita

R

Dragonfly; alkaline spring-fed streams and marshes, adults can

oviposit directly into hot water in hot springs, larvae live in cooler spring runs, adults forage in brushlands;

invertivore, diurnal, larvae overwinter, flight season mid June to

late August.

Pecos

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Bonita diving beetle Deronectes neomexicana

R Streams and creeks. Brewster

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Cazier's tiger beetle Cicindela cazieri

R

Found in open, sunny areas; larvae of tiger beetles are also predaceous and live in vertical burrows in soil of dry

paths, fields, or sandy beaches.

Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-19

Species Listing Status

Habitat Range

(County) Determination

INSECTS (CONTINUED)

Chisos metalmark Apodemia chisosensis

R Agave scrub communities. Brewster and Terrell

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Chisos skipperling Piruna haferniki

R Openings in oak-pine woodlands with

an understory of broad-leaved grasses.

Brewster

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Coahuila giant skipper Agathymus remingtoni

valverdiensis R

Associated with the foodplant Lechuguilla (Agave lechuguilla) in

desert hills and thorn forest.

Edwards, Kinney, Terrell, and Uvalde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Flint's net-spinning caddisfly

Cheumatopsyche flinti R Found in springs. Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Freeman's metalmark Calephelis rawsoni

freemani R

Wet areas including stream edges, gulches, subtropical woodland, and

shaded limestone outcrops.

Brewster and Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Guadalupe Mountains tiger beetle

Cicindela politula petrophila

R Open, sunny areas; larva lives in

vertical burrows in soil of dry paths, fields, or sandy beaches.

Culberson and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-20

Species Listing Status

Habitat Range

(County) Determination

INSECTS (CONTINUED)

Hungerford's naucorid Ambrysus hungerfordi

hungerfordi R

Known from one location; riparian, cottonwoods and willows, only

associated aquatic plant was alga in low density, plunge pool at the base

of waterfall; flow present year-round.

Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Leonora's dancer damselfly

Argia leonorae R Small streams and seepages.

Hudspeth, Kinney, Presidio, Terrell,

Uvalde, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Los Olmos tiger beetle Cicindela nevadica

olmosa R

Found in open, sunny areas; larvae live in vertical burrows in soil of dry

paths, fields, or sandy beaches. Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Manfreda giant-skipper Stallingsia maculosus

R Subtropical thorn and pine forests.

The larval hostplant is Texas tuberose (Manfreda maculosa).

Cameron, Hidalgo, and Kinney

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Neojuvenile tiger beetle Cicindela obsoleta

neojuvenilis R

Bare or sparsely vegetated, dry, hard-packed soil; typically in previously

disturbed areas.

Dimmit, Hidalgo, Maverick, and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Poling's hairstreak Fixsenia polingi

R Oak woodlands. Brewster, Culberson, El Paso, Jeff Davis, Pecos,

and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Rawson's metalmark Calephelis rawsoni

R Desert scrub or oak woodlands in

foothills.

Brewster, Hidalgo, Jeff Davis, Pecos, and

Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-21

Species Listing Status

Habitat Range

(County) Determination

INSECTS (CONTINUED)

Sage sphinx Sphinx eremitoides

R

Desert, grassland; sandy prairie or desert with sage; caterpillars feed on

leaves of sage; adults emerge late spring or summer.

Terrell and Uvalde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Smyth's tiger beetle Cicindela chlorocephala

smythi R

Live in vertical burrows in soil of dry paths, fields, or sandy beaches.

Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Subtropical blue-black tiger beetle

Cicindela nigrocoerulea subtropica

R Live in vertical burrows in soil of dry

paths, fields, or sandy beaches. Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Tamaulipan agapema Agapema galbina

R Tamaulipan thornscrub with adequate densities of the caterpillar foodplant

Condalia hookeri hookeri. Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Tawny giant skipper Agathymus neumoegeni

chisosensis R

Grasslands, shrublands, and woodlands.

Brewster

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Texas austrotinodes caddisfly

Austrotinodes texensis R

Karst springs and spring runs; flow in type locality swift but may drop

significantly during periods of little drought; substrate coarse and ranges from cobble and gravel to limestone

bedrock; many limestone outcroppings also found along the

streams.

Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-22

Species Listing Status

Habitat Range

(County) Determination

INSECTS (CONTINUED)

Texas minute moss beetle

Limnebius texanus R

Adult moss beetles of this genus are aquatic and herbivorous; larvae are

semiaquatic and carnivorous; found in vegetation along margins of streams.

Culberson and Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

MAMMALS

Big free-tailed bat Nyctinomops macrotis

R Roosts in cracks and crevices in cliff

faces and canyon walls

Brewster, Culberson, El Paso, Hudspeth, Jeff

Davis Pecos, Presidio, and Terrell

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Black bear Ursus americanus

T Large tracts of bottomland hardwood

forests.

Brewster, Culberson, Dimmit, Edwards, El Paso, Hudspeth, Jeff

Davis, Kinney, Maverick, Pecos, Presidio, Terrell,

Uvalde, Val Verde, Webb, Zapata, and

Zavala

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Black-tailed prairie dog Cynomys ludovicianus

R

Dry, flat, short grasslands with low, relatively sparse vegetation, including

areas overgrazed by cattle; live in large family groups.

Culberson, Edwards, El Paso, Hudspeth, Jeff

Davis, Presidio, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Carrizo Springs pocket gopher

Geomys personatus streckeri

R Underground burrows of deep, sandy

soils; feed mostly on vegetation Dimmit, Maverick, and

Zavala

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-23

Species Listing Status

Habitat Range

(County) Determination

MAMMALS (CONTINUED)

Cave Myotis Myotis velifer

R Roosts in caves and tunnels.

Brewster, Culberson, Dimmit, Edwards,

Hidalgo, Hudspeth, Jeff Davis, Kinney,

Maverick, Pecos, Presidio, Starr, Uvalde, Val Verde, Webb, and

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Coues' rice rat Oryzomys couesi

T

Cattail-bulrush marsh with shallower zone of aquatic grasses near the shoreline; shade trees around the shoreline are important features;

prefers salt and freshwater, as well as grassy areas near water.

Cameron, Hidalgo, and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Davis pocket gopher Geomys personatus

davisi R Burrows in sandy soils

Dimmit, Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Davis Mountains cottontail

Sylvilagus floridanus robustus

R Brushy pastures, edges of cultivated fields, and well-drained streamsides.

Brewster, Culberson, Hudspeth, Jeff Davis,

and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Desert bighorn sheep Ovis canadensis

mexicana R

Rocky mountainous terrain including bluffs and steep slopes with sparse

vegetation.

Brewster, Culberson, Hudspeth, and Jeff

Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-24

Species Listing Status

Habitat Range

(County) Determination

MAMMALS (CONTINUED)

Desert pocket gopher Geomys arenarius

R Cottonwood-willow association; live

underground, but build large and conspicuous mounds.

El Paso and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Fringed Myotis Myotis thysanodes

R Ranges from desert scrub to mountain

pine communities. Roosts in caves and mines.

Brewster, El Paso, Hudspeth, Jeff Davis,

and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Ghost-faced bat Mormoops megalophylla

R Occupies caves and mines

Brewster, Cameron, Dimmit, Edwards,

Hidalgo, Hudspeth, Jeff Davis, Kinney,

Maverick, Presidio, Starr, Terrell, Uvalde,

Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Gray-footed chipmunk Tamias canipes

R

Forest-dwelling; favorite habitat is downed logs near edges of clearings; also occur in dense stands of mixed

timber (oaks, pines, firs) and on brushy hillsides, especially with rock

crevices.

Culberson and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Greater western mastiff bat

Eumops perotis californicus

R Roosts in crevices and cracks in cliffs

faces.

Brewster, Jeff Davis, Kinney, Presidio,

Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Guadalupe southern pocket gopher

Thomomys bottae guadalupensis

R Ranges from loose sands and silts to tight clays; dry deserts to montane

meadows.

Brewster, Culberson, Hudspeth, Jeff Davis,

and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-25

Species Listing Status

Habitat Range

(County) Determination

MAMMALS (CONTINUED)

Limpia Creek pocket gopher

Thomomys bottae texensis

R Ranges from loose sands and silts to

tight clays in lower canyons to higher coniferous woodlands

Brewster, Culberson, Hudspeth, Jeff Davis

and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Limpia southern pocket gopher

Thomomys bottae limpiae

R Ranges from loose sands and silts to

tight clays

Brewster, Culberson, Hudspeth, Jeff Davis,

and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Long-legged bat Myotis volans

R

Open woods and mountainous areas. Roosts in buildings, crevices, and

hollow trees; may use caves as night roosts.

Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Mexican long-tongued bat

Choeronycteris mexicana

R Deep canyons where uses caves and

mine tunnels as day roosts. Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Pale Townsend's big-eared bat

Corynorhinus townsendii pallescens

R Ranges from desert scrub to pinyon-juniper woodlands. Roosts in caves

or mines.

Brewster, Culberson, Edwards, El Paso,

Hudspeth, Jeff Davis, Pecos, Presidio, Terrell,

and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Pecos River muskrat Ondatra zibethicus

ripensis R

Creeks, rivers, lakes, drainage ditches, and canals; prefer shallow, fresh water with clumps of marshy

vegetation, such as cattails, bulrushes, and sedges.

El Paso, Hudspeth, Pecos, Presidio, Terrell,

and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-26

Species Listing Status

Habitat Range

(County) Determination

MAMMALS (CONTINUED)

Plains spotted skunk Spilogale putorius

interrupta R

Open fields, prairies, croplands, fence rows, farmyards, forest edges, and

woodlands; prefers wooded, brushy areas and tallgrass prairie.

Cameron, Hidalgo, Starr, Webb, and

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Pocketed free-tailed bat Nyctinomops femorosaccus

R Desert areas with rugged canyons,

rock outcrops, and high cliffs. Roosts in caves and rock crevices.

Brewster, Jeff Davis, and Pecos

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Presidio mole Scalopus aquaticus

texanus R

Occurs in moist (not wet), sandy soils; live underground in excavated

or usurped burrows. Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Southern yellow bat Lasiurus ega

R Tree roosting species that commonly

roosts in the dead fronds of palm trees (Sabal mexicana).

Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Texas pocket gopher Geomys personatus

fuscus R

Underground burrows of deep, sandy soils.

Kinney and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Spotted bat Euderma maculatum

T Ranges from desert scrub to pine

forests at high elevations. Brewster

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Western red bat Lasiurus blossevillii

R Riparian areas. Roosts in deciduous

trees along riparian courses.

Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-27

Species Listing Status

Habitat Range

(County) Determination

MAMMALS (CONTINUED)

Western small-footed bat Myotis ciliolabrum

R

Ranges from desert scrub to wooded areas. Roosts beneath rocks,

underneath exfoliating bark, and in buildings.

Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Western yellow bat Lasiurus xanthinus

R

Riparian areas. Roosts in deciduous trees along riparian courses. Also has been found using giant dagger yucca

(Yucca carnerosana).

Presidio, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

White-nosed coati Nasua narica

T Woodlands, riparian corridors and

canyons.

Brewster, Cameron, Dimmit, Edwards, Hidalgo, Kinney, Maverick, Starr,

Terrell, Uvalde, Val Verde, Webb, and

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Yellow-nosed cotton rat Sigmodon ochrognathus

R Rocky slopes with scattered shrubs and bunch grasses. Nests located at

base of shrubs.

Brewster, Culberson, Hudspeth, and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Yuma myotis Myotis yumanensis

R Lowland habitats near open water.

Brewster, Culberson, Dimmit, El Paso,

Hudspeth, Jeff Davis, Kinney, Maverick,

Pecos, Presidio, Starr, Terrell, Val Verde, Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-28

Species Listing Status

Habitat Range

(County) Determination

MOLLUSKS

Chisos Mountains threeband

Humboldtiana chisosensis

R Xeric rockslides along the lower

margin of pine woodlands. Brewster

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Brune's tryonia Tryonia brunei

R Benthic; abundant on firm substratum and in soft mud before modification.

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Davis Mountains threeband

Humboldtiana cheatumi R

Terrestrial snail; deciduous leaf litter in cool, moist upper reaches of

canyons. Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Davis spring snail Fontelicella davisi

R Freshwater; in and on mud and rocks

among patches of watercress in spring-fed rivulets.

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

False spike mussel Quadrula mitchelli

T Medium to large rivers with substrate from mud through mixtures of sand,

gravel, and cobble.

Brewster, Cameron, Hidalgo, , Kinney,

Maverick, Pecos, Starr, Terrell, Val Verde, Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Franklin Mountain talus snail

Sonorella metcalfi R

Terrestrial; bare rock, talus, scree; inhabits igneous talus most

commonly of rhyolitic origin. El Paso

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-29

Species Listing Status

Habitat Range

(County) Determination

MOLLUSKS (CONTINUED)

Franklin Mountain wood snail

Ashmunella pasonis R

Terrestrial; bare rock, talus, scree; talus slopes, usually of limestone, but

also of rhyolite, sandstone, and siltstone, in arid mountain ranges.

El Paso and Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Mexican fawnsfoot mussel

Truncilla cognata T

Largely unknown; possibly intolerant of impoundment; possibly needs

flowing streams and rivers with sand or gravel bottoms based on related

species needs.

Kinney, Maverick, Terrell, Val Verde, Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Mitre Peak threeband Humboldtiana

ferrissiana R

Terrestrial snail; in leaf litter, under rocks.

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Mount Livermore threeband

Humboldtiana palmeri R

Terrestrial snail; highest parts (most mesic) of igneous intrusive

mountains; in leaf litter; among boulders.

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Northern threeband Humboldtiana ultima

R Leaf litter in mesic canyons of

limestone mountains; in soil, under rocks.

Culberson and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Presidio County spring snail

Fontelicella metcalfi R

Found in the outflows of springs (24 degrees C) in fine mud and dense

watercress. Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-30

Species Listing Status

Habitat Range

(County) Determination

MOLLUSKS (CONTINUED)

Rio Grande monkeyface Quadrula couchiana

R

Habitat largely undescribed, but probably small to moderate size

streams and moderate size rivers with flowing waters and substrates ranging

from mud to gravel.

Kinney

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Salina mucket Potamilus metnecktayi

T Lotic waters with a substrate of clay

and silt along river banks.

Brewster, Cameron, Hidalgo, Kinney,

Maverick, Presidio, Starr, Terrell, Webb,

and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

San Carlos threeband Humboldtiana hoegiana

praesidii R

Leaf litter and in soil under rocks in higher elevations of desert mountain

ranges. Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Stockton Plateau threeband

Humboldtiana texana R

Rocky hillsides with a mixture of dwarf oaks and bunch grasses.

Elevation from 1,200-1,500 m (3,900-5,000 ft)

Pecos

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

REPTILES

Big Bend slider Trachemys gaigeae

R Quiet bodies of fresh water with muddy substrates and abundant

aquatic vegetation.

Brewster, El Paso, Hudspeth, Presidio,

Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Black-striped snake Coniophanes imperialis

R Semi-arid coastal plain, warm, moist

micro-habitats and sandy soils. Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-31

Species Listing Status

Habitat Range

(County) Determination

REPTILES (CONTINUED)

Chihuahuan Desert lyre snake

Trimorphodon vilkinsonii

T Rocky hillsides and mountain slopes. Brewster, Culberson, El

Paso, Hudspeth, Jeff Davis, and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Chihuahuan mud turtle Kinosternon hirtipes

murrayi T

Fresh water with abundant aquatic vegetation; semi-aquatic.

Brewster and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Keeled earless lizard Holbrookia propinqua

R Coastal dunes, barrier islands, and

other sandy areas. Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Mountain short-horned lizard

Phrynosoma hernandesi T

Usually in open, shrubby, or openly wooded areas with sparse vegetation at ground level; soil may vary from rocky to sandy; burrows into soil or

occupies rodent burrow when inactive; inactive during cold weather.

Culberson, El Paso, Hudspeth, and Jeff

Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

New Mexico garter snake

Thamnophis sirtalis dorsalis

R

Wet or moist habitat; irrigation ditches, and riparian-corridor

farmlands, less often in running water; home range about 2 acres.

El Paso

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Northern cat-eyed snake Leptodeira

septentrionalis septentrionalis

R Thorn scrub woodland; dense thickets bordering ponds and streams; semi-

arboreal.

Cameron, Hidalgo, and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-32

Species Listing Status

Habitat Range

(County) Determination

REPTILES (CONTINUED)

Reticulate collared lizard Crotaphytus reticulatus

T

Open brush-grasslands; thorn-scrub vegetation, usually on well-drained

rolling terrain of shallow gravel, caliche, or sandy soils; often on

scattered flat rocks below escarpments or isolated rock outcrops

among scattered clumps of prickly pear and mesquite.

Dimmit, Hidalgo, Kinney, Maverick, Starr, Uvalde, Val Verde, Webb, and

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Reticulated gecko Coleonyx reticulatus

T Rocky canyons and crevices in arid

habitats. Brewster and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Spot-tailed earless lizard Holbrookia lacerata

R

Moderately open prairie-brushland; fairly flat areas free of vegetation or

other obstructions, including disturbed areas.

Dimmit, Edwards, Hidalgo, Kinney, Maverick, Starr,

Uvalde, Val Verde, Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Speckled racer Drymobius

margaritiferus T

Dense thickets near water, Texas palm groves, riparian woodlands;

often in areas with much vegetation litter on ground.

Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-33

Species Listing Status

Habitat Range

(County) Determination

REPTILES (CONTINUED)

Texas horned lizard Phrynosoma cornutum

T Arid and semi-arid regions with

sparse vegetation, including shrubs, grasses, and cacti.

Brewster, Cameron, Culberson, Dimmit, Edwards, El Paso,

Hidalgo, Hudspeth, Jeff Davis, Kinney,

Maverick, Pecos, Presidio, Starr, Terrell,

Uvalde, Val Verde, Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Texas indigo snake Drymarchon melanurus

erebennus T

Thornbush-chaparral woodlands of south Texas, in particular dense

riparian corridors; requires moist microhabitats, such as rodent

burrows, for shelter.

Cameron, Dimmit, Edwards, Hidalgo, Kinney, Maverick, Starr, Uvalde, Val Verde, Webb, and

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Texas scarlet snake Cemophora coccinea

lineri T

Mixed hardwood scrub on sandy soils.

Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Texas tortoise Gopherus berlandieri

T Scrub and brushlands with sandy,

well draining soils.

Brewster, Cameron, Dimmit, Edwards, Hidalgo, Kinney, Maverick, Starr,

Terrell, Uvalde, Val Verde, Webb, Zapata,

and Zavala

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. . 

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D-34

Species Listing Status

Habitat Range

(County) Determination

REPTILES (CONTINUED)

Trans-Pecos black-headed snake

Tantilla cucullata T

Mesquite-creosote and pinyon-juniper-oak in the limestone hills.

Brewster, Jeff Davis, Pecos, Presidio, Terrell,

and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

PLANTS

Alkali spurge Chamaesyce astyla

R

In nearly bare areas within alkali sacaton (Sporobolus airoides)

grasslands on alkaline and/or saline silt loam on alluvial flats along a

spring-fed desert stream; flowering and fruiting at least March-June and

August-September.

Pecos

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

Amelia's abronia Abronia ameliae

R

Occurs on deep, well-drained sandy soils of the South Texas Sand Sheet in grassy and/or herbaceous dominated

openings within coastal live oak woodlands or mesquite-coastal live

oak woodlands.

Hidalgo and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Appressed two-bristle rock daisy

Perityle bisetosa var appressa

R Rock outcrops and crevices in limestone exposures on cliffs.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Bailey's ballmoss Tillandsia baileyi

R

Epiphytic on various trees and tall shrubs, perhaps most common in

mottes of Live oak on vegtated dunes and flats.

Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-35

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Bearded mock-orange Philadelphus crinitus

R Talus slopes (igneous); flowering

July-August. Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Big Bend hop-hornbeam Ostrya chisosensis

R Mixed woodlands on mesic, rocky, igneous slopes at high elevations.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Bigpod bonamis Bonamia ovalifolia

R Slopes and drainages with sandy

and/or gravelly soils. Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Black-corona milkvine Matelea atrostellata

R Rocky soils in mountain canyons and

oak-pinyon-juniper woodlands. Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Blumberg's centaury Centaurium

blumbergianum R

Known from perennial seeps and associated drainages in limestone, sandstone, or gypseous canyons.

Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

Broadpod rushpea Pomaria brachycarpa

R

Grasslands, live oak savannas, and open mesquite woodlands on shallow, stony, clay soils over limestone; most

specimens are from ungrazed roadsides, often in shallowest soils on

landscape where competition from taller perennial grasses is minimal;

flowering April-July.

Edwards and Kinney

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

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D-36

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Brush-pea Genistidium dumosum

R Desert scrub on rocky limestone hills

at lower elevations. Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

Buckley's spiderwort Tradescantia buckleyi

R Occurs on sandy loam or clay soils in

grasslands or shrublands. Cameron and Webb

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Bushy wild buckwheat Eriogonum

suffruticosum R

Open areas on limestone slopes, low hills, and clay flats.

Brewster, Pecos, and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Chaffey's cory cactus Escobaria dasyacantha

var chaffeyi R

Pine-oak-juniper woodlands on rocky igneous and limestone soils at 1425-

2225 m (4675-7300 ft). Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Chihuahua balloon-vine Cardiospermum

dissectum R

Thorn shrublands or low woodlands on well to excessively well drained,

calcareous, sandy to gravelly soils in drier uplands of the Lower Rio

Grande Valley, in areas underlain by the Goliad formation, Catahoula and Frio formations undivided, Jackson

Group, and other Eocene formations; flowering (April-) July-September, probably throughout the growing

season in response to rainfall. excessively well drained, calcareous,

sandy to gravelly soils

Hidalgo, Starr, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

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D-37

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Chihuahua scurfpea Pediomelum pentaphyllum

R

Texas habitat unknown; in Arizona, found in highly degraded desert

grasslands or mixed desert scrub; soils are described as deep sandy loams, sometimes with sparse to moderate amounts of small-sized gravel (0.5-1 cm diameter), some

soils display minor eolian coppicing; flowering April-May.

Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Chisos agave Agave glomeruliflora

R

Gravelly or rocky soils in oak-juniper woodlands and mesquite-creosote

bush-invaded grasslands at elevations of about 600-1800 m (1950-5900 ft);

flowering mid-spring to early fall.

Brewster, Culberson, Hudspeth, Jeff Davis,

and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Chisos coral-root Hexalectris revoluta

R

In humus in oak groves along rocky creekbeds at mid- to high elevations; in the Glass Mountains, it has been

found among lechuguilla and shinnery oak on the sunny slopes and

ridges; usually flowering May-August.

Brewster and Culberson

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Chisos oak Quercus graciliformis

R

Oak woodlands in dry rocky canyons, usually associated with a high water table; above elevations of 1650 m (5400 ft); flowering in the spring,

fruiting July-early September.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-38

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Chisos pinweed Lechea mensalis

R Open oak-pinyon-juniper woodlands

over igneous or sandstone rock outcrops at high elevations.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Cliff bedstraw Galium correllii

R

Dry, steep or vertical limestone cliff faces at elevations of 350-500 m (1150-1650 ft); flowering April-

November, fruiting May-December.

Brewster and Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Comal snakewood Colubrina stricta

R

In El Paso County, found in a patch of thorny shrubs in colluvial deposits and sandy soils at the base of an

igneous rock outcrop; flowering late spring or early summer.

El Paso

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

Correll's bluet Houstonia correllii

R

Sandy soils in grasslands with scattered shrubs or in mesquite

savannas; does not occur in disturbed sandy areas or in 'improved' pastures;

flowering March.

Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Correll's false dragon-head

Physostegia correllii R

Wet, silty clay loams on streamsides, in creek beds, irrigation channels and roadside drainage ditches; or seepy,

mucky, sometimes gravelly soils along riverbanks or small islands in

the Rio Grande; or underlain by Austin Chalk limestone along gently flowing spring-fed creek in central Texas; flowering May-September.

Kinney, Maverick, Val Verde, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-39

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Correll's green pitaya Echinocereus

viridiflorus var correllii R

Among grasses on rock crevices on low hills in desert or semi-desert

grassland on novaculite or limestone; flowering March-May.

Brewster and Pecos

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Cox's dalea Dalea bartonii

R

Semi-desert shortgrass grasslands with scattered pinyon pine and juniper

in gravelly soils on limestone hills; probably flowering in late spring, fruiting in late summer-early fall.

Brewster and Terrell

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Cutler's twistflower Streptanthus cutleri

R

Open shrublands or grasslands on calcareous gravel of talus slopes,

rocky hillsides, and gravelly streambeds, at moderate elevations in

the Chihuahuan Desert; flowering mostly February-March, sometimes

into May.

Brewster County

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Desert night-blooming cereus

Peniocereus greggii var greggii

R

Chihuahuan Desert shrublands or shrub invaded grasslands in alluvial or gravelly soils at lower elevations,

1200-1500 m (3900-4900 ft), on slopes, benches, arroyos, flats, and

washes; flowering synchronized over a few nights in early May to late June when almost all mature plants bloom,

flowers last only one day and open just after dark, may flower as early as

April.

Brewster, El Paso, Hudspeth, Jeff Davis, Pecos, Presidio, and

Terrell

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

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D-40

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Dimmit sunflower Helianthus praecox ssp

hirtus R

Bluestem midgrass grasslands on loose, well-drained, slightly acid,

deep, sandy soils, mostly of Antosa-Bobilla Association and Poteet Series; underlain by Carrizo Sand Formation;

flowering late summer-fall.

Dimmit

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

Don Richard's spring moss

Donrichardsia macroneuron

R

Shaded limestone rocks partially submerged in rapidly flowing

relatively thermally constant water at a spring complex in a short 10 m (30 ft) run between the spring source and

the river.

Edwards

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Duncan's cory cactus Escobaria dasyacantha

var duncanii R

Chihuahuan Desert scrub at low to moderate elevations 650-1825 m

(2150-6000 ft) on hills, ledges, and benches in cracks and crevices of

limestone outcrops; flowering February-March (-May, or July in

New Mexico), fruiting mostly May-June.

Brewster and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Durango yellow-cress Rorippa ramosa

R Moist, fine-textured, alluvial soils on floodplains and in beds of intermittent

streams; flowering March-May. Brewster and Terrell

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

Dwarf broomspurge Chamaesyce jejuna

R

Found on grama-grass prairie on caliche uplands, also dry caliche

slopes, and limestone hills; flowering late March through July.

Brewster, Pecos, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-41

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Falfurrias milkvine Matelea radiata

R

Only two known specimens; one from clay soil on dry gravel hills at altitude of approximately 45 m (150 ft); other

from Falfurrias, no habitat description; probably flowering May-

June.

Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Glass Mountains rock-daisy

Perityle vitreomontana R

Crevices and solution pockets in Capitan Limestone exposures on

cliffs and rock outcrops. Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts.

Graybeard cactus Echinocereus

viridiflorus var canus R

Steep rubble of black Maravillas chert, near top of ridge.

Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Grayleaf rock-daisy Perityle cinerea

R Crevices in dry limestone caprock of

mesas; flowering spring-fall. Pecos and Terrell

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Green Island echeandia Echeandia texensis

R

Found in areas with saline clays of lomas dominated by herbaceous species with scattered brush and

stunted trees, or in grassy openings in subtropical thorn shrublands; flowers

April, June, and November

Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Green spikemoss Selaginella viridissima

R

Shaded or sheltered igneous, limestone, or sandstone rock ledges, boulders and cliffs in woodlands and

shrublands.

Brewster and Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

BW11 FOIA CBP 007569

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D-42

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Gregg's wild-buckwheat Eriogonum greggii

R

Sparingly vegetated openings in thorn shrublands in shallow soils on xeric ridges; also on excessively drained,

sandy soil over caliche and calcareous sandstone of the Goliad Formation and over sandstone or fossiliferous

layers of the Jackson Group; flowering February-July.

Hidalgo and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Golden-spine hedgehog cactus

Echinocereus chloranthus var

neocapillus

R Sparsely vegetated desert grasslands over novaculite outcrops; flowering

late March-early May. Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Golden-spine prickly-pear

Opuntia aureispina R

Desert flats and low hills on slabs of fractured Boquillas limestone at 480-

850 m (1576-2800 ft) elevation; flowering March-May.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Guadalupe Mountains columbine

Aquilegia chrysantha var chaplinei

R

Perennially moist to wet limestone canyon walls; moist leaf litter and humus among boulders in wooded mesic canyons; flowering April-

November (most reliably June-July).

Culberson and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-43

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Guadalupe Mountains mescal bean

Sophora gypsophila var guadalupensis

R

One-seeded juniper (Juniperus monosperma) shrublands on dry slopes above 1,500 m (4,900 ft)

elevation in Guadalupe Mountains on slightly gypseous pink sandstone that occurs as lenses within the pervasive

limestone of the region; flowering late March-late April or May.

Culberson

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Guadalupe Mountains pincushion cactus

Escobaria guadalupensis R

On exposed slabs and fractured limestone rock on steep, mostly south-facing slopes in pine-oak-

juniper woodlands at (1370-) 1825-2650 m ([4500-] 6000-8700 ft) in the

Guadalupe Mountains; flowering April-May; fruiting October-

November.

Culberson

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Guadalupe Mountains rabbitbrush

Ericameria nauseosa ssp texensis

R

Crevices and solution pits in limestone ledges and boulders, less

often in open gravel alluvium of streambeds at elevations between

1490 and 2150 m (4900 and 7050 ft); flowering September-November.

Culberson

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Guadalupe Mountains violet

Viola guadalupensis R

Bullet' hole openings in dolomitized limestone rock faces, in the shade of an open Douglas-fir (Pseudotsuga

menziesii) woodland at about 2,450 m (8,000 ft) elevation in the Guadalupe Mountains; flowering March-May.

Culberson

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-44

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Gyp locoweed Astragalus gypsodes

R

Gypsum or stiff gypseous clay soils on low rolling hills, mostly low elevations; many of the known

locations are on the Castile Formation (Permian); flowering March-June.

Culberson and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Gypsum hotspring aster Arida blepharophylla

R

Perennial springs, seeps, and their drainages in sandstone, calcareous, or gypseous canyons; flowering summer

and fall.

Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Gypsum scalebroom Lepidospartum burgessii

R

Gypsum dune system in the salt basin west of the Guadalupe Mountains,

east of Dell City; sparsely vegetated areas; some plants on and around

shifting, unstabilized dunes; others in stabilized gypseous soils with a well-

developed microbiotic crust; flowering late April- early October.

Hudspeth

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Havard's machaeranthera Xanthisma viscidum

R Occurs on calcareous or sandy soils in

desert shrublands or mesquite grasslands.

Culberson and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Havard's stonecrop Sedum havardii

R

Crevices in igneous rock outcrops at mid-to-high elevations, sometimes loose igneous talus, in oak-pinyon

woodlands and chaparral; flowering May-September.

Brewster and Terrell

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-45

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Heather leaf-flower Phyllanthus ericoides

R

Crevices in limestone on dry canyon walls and other rock outcrops;

flowering October, and presumably in other months, given sufficient

moisture.

Terrell

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Hester's cory cactus Escobaria hesteri

R

Grasslands on novaculite hills or limestone hills and alluvial fans, also

in pine-oak-juniper woodlands on igneous substrates; flowering April-

early June.

Pecos and Terrell

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Hinckley's brickellbush Brickellia hinckleyi var

hinckleyi R

Mixed woodlands or forests on rocky slopes in higher elevation mountain canyons; flowering July-October.

Brewster and Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Hinckley's columbine Aquilegia chrysantha var

hinckleyana R

Wet areas near waterfalls, perennial seeps, springs, etc., in canyons of

desert mountains; flowering March-November.

Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Hinckley's Jacob's-ladder Polemonium

pauciflorum ssp hinckleyi

R

Mesic canyons and shaded talus boulder field on igneous slopes,

elevation 2,100-2,300 m (6,900-7,550 ft), often in the shade of a pine-oak-

juniper forest; flowering July-October.

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Hueco rock-daisy Polemonium

pauciflorum ssp hinckleyi

R

North-facing or otherwise mostly shaded limestone cliff faces within

relatively mesic canyon system; flowering spring-fall.

El Paso

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-46

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Irion County wild-buckwheat

Eriogonum nealleyi R

Grasslands and shallow stony soils over limestone and indurated caliche,

often collected from ungrazed but sparsely vegetated roadsides,

particularly where limestone or caliche is exposed on hilltops;

flowering June-September.

Pecos

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Jackie's bluet Stenaria mullerae var

pooleana R

North- to east-facing vertical limestone cliff faces in mid-elevation canyons; flowering May, perhaps to

September.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Kay's grama Bouteloua kayi

R Gravelly soils on desert flats and on

limestone ledges along bluffs; flowering May-November.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Kleberg saltbush Atriplex klebergorum

R

Occurs in sparsely vegetated saline areas, including flats and draws; in

light sandy or clayey loam soils with other halophytes; occasionally

observed on scraped oil pad sites; observed flowering in late August-

early September.

Starr, Webb, and Zapata

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Lateleaf oak Quercus tardifolia

R

Mixed evergreen-deciduous woodlands in moist canyon bottoms at elevation ca. 2,150 m (7,050 ft);

flowering in the spring.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-47

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Leatherweed croton Croton pottsii var

thermophilus R

Sparsely vegetated desert grasslands on extremely xeric sites at low

elevations (500-800 m [1650-2640 ft), on substrates ranging from sand to

limestone and basalt; flowering spring-fall.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Leoncita false foxglove Agalinis calycina

R

Grasslands on perennially moist heavy, alkaline/saline, calcareous silty clays and loams in and around desert

springs and seeps; flowering September-October.

Brewster and Pecos

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Lila de los llanos Echeandia chandleri

R

Among shrubs or in grassy openings in subtropical thorn shrublands on

somewhat saline clays of lomas also observed in a few upland coastal

prairie remnants on clay soils over the Beaumont Formation at inland sites well to the north and along railroad

right-of-ways and cemeteries; flowering (May-) September-December, fruiting October-

December.

Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Little-leaf brongniartia Brongniartia minutifolia

R

Desert shrublands at lower elevations 600-1400 m (1950-5000 ft), in

blackish sand, gravel, volcanic ash and other substrates, often in or along

arroyos or shallow drainages; flowering May-August.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-48

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Livermore sandwort Arenaria livermorensis

R Sparsely vegetated igneous rock

outcrops at higher elevations, 2300-2500 m (7600-8200 ft).

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Livermore sweet-cicely Osmorhiza bipatriata

R

Moist igneous-derived soils of shaded rocky slopes around springs in high

mountain canyons; occurs in shade of a mesic canyon forest; flowering Jun

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Longstalk heimia Nesaea longipes

R

Moist or subirrigated alkaline or gypsiferous clayey soils along

unshaded margins of cienegas and other wetlands; also occurs common

in moderately alkaline clay along perennial stream and in subirrigated wetlands atop poorly-defined spring system; also occurs in low, wetland area along highway right-of-way;

flowering May-September.

Pecos and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Many-flowered unicorn-plant

Proboscidea spicata R

Dry sandy alluvial and/or Eolian soils on terraces or in other disturbed sandy

habitats; flowering May-June.

Brewster, Jeff Davis and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Manystem spiderflower Cleome multicaulis

R Wet, saline or alkaline sandy soils around alkali sinks or flats, saline

playas, springs, or meadows. Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-49

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Maravillas milkwort Polygala maravillasensis

R

Crevices of limestone exposed on canyons walls, and in low desert

mountains at 450-950 m (1,450-3,100 ft) elevation; flowering May-October.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Mary's bluet Stenaria butterwickiae

R

Shallow pockets or crevices in limestone bedrock on ridgetops;

flowering or fruiting at least May-August.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Matt Turner's aster Arida matterneri

R

In gypseous or sandy soils along shallow, perennial seeps and streams

within canyons in the Chihuahuan Desert; flowering summer-early fall

(July-September).

Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

McCart's whitlow-wort Paronychia maccartii

R

Substrate for type location described as 'very hard-packed red sand', possibly the Cuevita-Randado

Complex, probably occurring in thorn shrubland plant community; based on type specimen's presence of flowers

and collection date, flowers in March.

Webb

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Mexican mud-plantain Heteranthera mexicana

R Wet clayey soils of resacas and

ephemeral wetlands; flowering June-December.

Cameron, Dimmit, Hidalgo, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Nickel's cory cactus Coryphantha nickelsiae

R

Limestone outcrops and nearby alluvial or gravelly soils on hills or plains in grasslands or shrublands at

low elevations; flowering August through September.

Webb

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-50

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Ojinaga ringstem Anulocaulis reflexus

R Primarily on shaley gypseous clays at

800 - 1200 m (2600-4000 ft); flowering mid-May - mid-October.

Jeff Davis and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Old blue pennyroyal Hedeoma pilosum

R Single historic record from open

exposed limestone; flowering period unknown.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Orcutt's senna Senna orcuttii

R

Gravelly or rocky soil on limestone slopes and in beds of intermittent

streams, within various mid- to lower elevation Chihuahuan Desert

communities; at least one site is on east- to north-facing slopes; flowering

July-August.

Brewster and Terrell

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Perennial caltrop Kallstroemia perennans

R

Somewhat barren gypseous clays or limestone soils at low elevations in

the Chihuahuan Desert; flowering late spring-early fall.

Brewster, Presidio, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Plains gumweed Grindelia oolepis

R

Heavy clay (blackland) soils, often in depressional areas, sometimes

persisting in areas where mowing may maintain or mimic natural prairie

disturbance regimes; roadsides, railroad rights-of-ways, vacant lots in

urban areas, cemeteries; flowering April-December.

Cameron

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-51

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Powell's Mormon tea Ephedra torreyana var

powelliorum R

Desert scrub on gravelly to fine grained gypseous soils; 850-1100 m

(2789-3609 ft). Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Prostrate milkweed Asclepias prostrata

R

Grasslands or openings in shrublands on loamy fine sands and fine sandy loams of the Copita, Hebbronville,

and possibly other soil series occurring over the Laredo, Yegua,

and other Eocene formations; flowering April-October.

Starr and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Purple gay-mallow Batesimalva violacea

R

Among boulders in seasonally moist igneous rock canyons, often under

small trees and large shrubs; flowering/fruiting at least October-

November in Big Bend National Park.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Ripley's senna Senna ripleyana

R

Gravelly hilltops in arid grasslands and creosote flats in Chihuahuan

Desert; elevation ranges 1,200-1,500 m (3,900-4,900 ft); flowering/fruiting

July-October.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Robust oak Quercus robusta

R

Mixed evergreen-deciduous woodlands in moist canyon bottoms at elevations ca. 1,280 m (4,200 ft)

flowering in the spring.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Royal red penstemon Penstemon cardinalis

ssp regalis R

Pine-oak woodlands in canyons at higher elevations; flowering May-

June (-August).

Culberson and Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-52

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Runyon's cory cactus Coryphantha

macromeris var runyonii R

Gravelly to sandy or clayey, calcareous, sometimes gypsiferous or saline soils, often over the Catahoula and Frio formations, on gentle hills and slopes to the flats between, at

elevations ranging from 10 to 150 m (30 to 500 ft); late spring or early

summer, November, fruit has been collected in August.

Cameron, Hidalgo, and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Runyon's water-willow Justicia runyonii

R

Margins of and openings within subtropical woodlands or thorn

shrublands on calcareous, alluvial, silty or clayey soils derived from Holocene silt and sand floodplain

deposits of the Rio Grande Delta; can be common in narrow openings such as those provided by trails through

dense ebony woodlands and is sometimes restricted to

microdepressions; flowering (July-) September-November.

Cameron and Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Rydberg's scurfpea Pediomelum humile

R

Shortgrass grasslands or cenizo-guajillo shrublands on shallow, stony

to gravelly clay soils on dry, open limestone or yellowish, eroding

caliche hills; flowering March-May.

Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts.

Sabinal prairie-clover Dalea sabinalis

R

Rocky soils or on limestone outcrops in sparse grassland openings in

juniper-oak woodlands; flowering April-May or May-June.

Uvalde and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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D-53

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Sand prickly-pear Opuntia arenaria

R

Deep, loose or semi-stabilized sands in sparsely vegetated dune or sandhill areas, or sandy floodplains in arroyos;

flowering May-June.

El Paso and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Sand sacahuista Nolina arenicola

R

Mesquite-sand sage shrublands on windblown Quarternary reddish sand

in dune areas; flowering time uncertain May-June, June-September.

Culberson, Edwards, and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Shinners' rocket Thelypodiopsis

shinnersii R

Mostly along margins of Tamaulipan thornscrub on clay soils of the Rio Grande Delta, including lomas near

the mouth of the river; flowering March-April.

Cameron and Starr

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Shinner's sunflower Helianthus occidentalis

ssp plantagineus R

Mostly in prairies on the Coastal Plain, with several slightly disjunct populations in the Pineywoods and

South Texas Brush Country.

Dimmit

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Shinners' tickle-tongue Zanthoxylum parvum

R

Understory of maple-oak woodlands or evergreen oak shinnery on rocky, often shallow, well-drained, neutral, non-calcareous loams underlain by

rhyolite, tuff trachyandesite, or other igneous rock, at elevations between

about 1,350-1,750 m (4,400-5,750 ft); flowering late March-early April,

before the leaves have fully expanded.

Brewster and Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-54

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Sierra del Carmen oak Quercus carmenensis

R

Shrublands and woodlands on talus slopes at 2,200-2,500 m (7,200-8,200 ft) elevation; immature fruit collected

in July.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Silvery wild-mercury Argythamnia argyraea

R

Among shortgrasses in grasslands or open shrublands on which whitish

clay soils, particularly those derived from the Yegua Formation; flowering April-June; fruit may persist until fall.

Kinney and Maverick

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Silver cholla Opuntia imbricata var

argentea R

Rocky limestone slopes, rarely in alluvial soils in mesquite thickets,

flowering April-July; fruit ripening two-three months after flowering.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Slimlobe rock-daisy Perityle dissecta

R Limestone cliff faces in desert

canyons; flowering/fruiting spring-fall.

Brewster and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Small-leaved yellow velvet-leaf

Wissadula parvifolia R

Occurs on sandy loams or clays in shrublands or woodlands on gently undulating terrain of the Holocene

sand sheet over the Goliad Formation.

Hidalgo

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Smooth-stem skullcap Scutellaria laevis

R Mountain slopes and in arroyos along

dry streambeds; flowering April-September.

Culberson and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Sparsely-flowered jewelflower

Streptanthus sparsiflorus R

Shaded areas in gravelly limestone canyons and arroyos, often in dry creek beds at elevations ranging 1,200-1,800 m (3,900-5,900 ft);

flowering May-June.

Culberson

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Spiny kidney-wood Eysenhardtia spinosa

R

Grasslands or sparse shrublands on igneous outcrops or limestone hills;

on rocky hills and gravelly drainages of mixed igneous origin; flowering

July – October.

Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Springrun whitehead Shinnersia rivularis

R

In shallow, slow-moving water in small, usually spring-fed streams and

rivers arising from calcareous outcrops; rooted in a mucky to

gravelly bottom; flowering throughout the year, most reliably

March-May.

Uvalde, Val Verde, and Zavala

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Stairstep two-bristle rock-daisy

Perityle bisetosa var scalaris

R Crevices in limestone exposures on

bluffs and other rock outcrops; flowering May-October.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Stalk-leaf phacelia Phacelia petiolata

R On gypsum soils at low elevations;

flowering May-August. Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Standley's draba Draba standleyi

R

Crevices in sparsely vegetated igneous boulders and rock outcrops at

high elevations in pine-oak-juniper woodlands; flowering June-October.

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Straw-spine glory-of-Texas

Thelocactus bicolor var flavidispinus

R Rocky hills in desert grasslands or shrublands below about 1,500 m

(5000 ft); flowering late March-May. Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

St. Joseph's staff Manfreda longiflora

R

Thorn shrublands on clays and loams with various concentrations of salt,

caliche, sand, and gravel; rossettes are often obscured by low shrubs; flowering September-October.

Hidalgo, Starr, and Zapata

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Swallow spurge Chamaesyce golondrina

R

Alluvial or eolian sand along Rio Grande, occasionally on adjacent

shale or limestone slopes; flowering June-November.

Hudspeth and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Terlingua brickellbush Brickellia hinckleyi var

terlinguensis R

Chihuahuan Desert; perhaps at lower elevations than var. hinckleyi; found on slope in the Chisos Mountains and along creek bottom; flowering July-

October.

Brewster and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Texas false saltgrass Allolepis texana

R

Sandy to silty soils of valley bottoms and river floodplains, not generally on

alkaline or saline sites; flowering (May-) July-October depending on

rainfall.

Brewster, El Paso, Jeff Davis, and Presidio

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Texas greasebush Glossopetalon texense

R

Dry limestone ledges, chalk bluffs, and limestone outcrops; one

population is on an extremely steep slope, inaccessible to most

herbivores; flowering period uncertain, including at least June-

December.

Uvalde and Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Texas golden prince's plume

Stanleya pinnata var. texana

R

Occurs on clay or silty soils on sparsely vegetated limestone and/or gypseous hills, draws, washes, and

flats.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Texas largeseed bittercress

Cardamine macrocarpa var texana

R

Seasonally moist, loamy soils in pine-oak woodlands; flowering in early spring and usually withering by the

beginning of summer.

Brewster, Hudspeth, Kinney, and Uvalde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Texas milkvine Matelea texensis

R

Desert grasslands or woodlands over igneous substrate, at elevations

between 1200-1500 m (3900-5000 ft); flowering/fruiting May-October.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Texas mock-orange Philadelphus texensis

R

Limestone outcrops on cliffs and rocky slopes, on boulders in mesic

canyon bottoms, usually in shade of mixed evergreen-deciduous slope woodland forest; flowering April-

May, but readily recognizable throughout the growing season.

Edwards and Uvalde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Texas trumpets Acleisanthes crassifolia

R

Shallow, well-drained, calcareous, gravelly loams over caliche on gentle to moderate slopes, often in sparsely

vegetated openings in cenizo (Leucophyllum frutescens)

shrublands; known populations occur on Austin Chalk (Cretaceous) or

Uvalde Gravel (Pleistocene); flowering March-November, fruiting

April-December.

Kinney, Maverick, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Texas windmill-grass Chloris texensis

R

Sandy to sandy loam soils in relatively bare areas in coastal prairie

grassland remnants, often on roadsides where regular mowing may

mimic natural prairie fire regimes; flowering in fall.

Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Texas wolf-berry Lycium texanum

R

Semi-desert grasslands and thorn shrublands on sandy, gravelly, and/or loamy soils, on very gently sloping terrain as well as in rocky areas of canyons, often over limestone at moderate elevations; flowering

March-October.

Brewster, Culberson, and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Tharp's blue-star Amsonia tharpii

R Open areas in midgrass grasslands or shrublands in shallow clay soils over

limestone. Pecos

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Three-tongue spurge Chamaesyce chaetocalyx

var triligulata R

In crevices in steep limestone cliffs and on scree and colluvium below;

flowering/fruiting July-October. Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Trans-Pecos maidenbush Andrachne arida

R

Crevices in calcareous bedrock exposures on arid mountain slopes, usually with succulents, Texas sites

are on Cretaceous limestone; flowering July-October.

Brewster and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Turner's horseweed Laennecia turnerorum

R

Occurs on silty limestone-derived soils in Chihuahuan Desert shrubland

in basins surrounded by desert mountains.

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Two-bristle rock-daisy Perityle bisetosa var

bisetosa R

Crevices in limestone exposures on bluffs and other rock outcrops;

flowering late summer-fall. Brewster and Pecos

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Vasey's bitterweed Hymenoxys vaseyi

R Occurs on xeric limestone cliffs and slopes at mid- to high elevations in

desert shrublands. El Paso

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Warnock's coral-root Hexalectris warnockii

R

In leaf litter and humus in oak-juniper woodlands on shaded slopes and intermittent, rocky creekbeds in

canyons.

Brewster, Culberson, Jeff Davis, Presidio,

and Terrell

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Warnock's rock-daisy Perityle warnockii

R Crevices and solution pits in steep, dry, inaccessible limestone bluffs;

flowering spring-fall. Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Watson's false clappia-bush

Pseudoclappia watsonii R

Chihuahuan Desert shrublands on dry, rocky, gypseous clay hills and

arroyos; flowering May-August.

Brewster, Hudspeth, and Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term

minor to no direct and indirect adverse impacts. 

Wendt's malaxis Malaxis wendtii

R Oak-juniper-pinyon woodlands ;

flowering July-September. Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Wheeler's spurge Chamaesyce geyeri var

wheeleriana R

Sparingly vegetated, loose eolian quartz sand on reddish sand dunes or

coppice mounds; flowering and fruiting at least August-September.

El Paso and Hudspeth

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

White column cactus Escobaria

albicolumnaria R

Creosote bush or lechuguilla canyon shrublands primarily on nearly level

terrain to rolling hills on thin, gravelly soils or limestone bedrock of the

Santa Elena, Glen Rose, Boquillas, and Telephone Canyon formations; at lower elevations 550-1370 m (1800-5000 ft) in the Chihuahuan Desert;

flowering early March-May.

Pecos and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Wilkinson's whitlow-wort

Paronychia wilkinsonii R

Shallow rocky soils in crevices on novaculite hills or outcrops at low to

moderate elevations in the Chihuahuan Desert; flowering April-

October

Brewster

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

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D-61

Species Listing Status

Habitat Range

(County) Determination

PLANTS (CONTINUED)

Withered woolly loco Astragalus mollissimus

var marcidus R

Short to midgrass grasslands and occasionally shrublands on gravelly

and sometimes clayey soils in basins, flats, and slopes at mid to higher

elevations, usually on conglomerate or igneous substates; flowering April-

July.

Jeff Davis and Presidio

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Wright's trumpets Acleisanthes wrightii

R

Open semi-desert grasslands and shrublands on shallow stony soils

over limestone on low hills and flats; flowering spring-fall.

Brewster, Pecos, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Wright's water-willow Justicia wrightii

R

Shortgrass grasslands and/or shrublands; dry gravelly clay soils

over limestone on flats and low hills at elevations of 900-1500 m (2950-4900 ft); flowering April-August.

Brewster, Pecos, Terrell, and Val Verde

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. 

Young's snowbells Styrax platanifolius ssp

youngiae R

In relatively mesic montane limestone canyons; flowering Apr-May, fruiting

July-September.

Brewster and Jeff Davis

Long term negligible direct and indirect adverse impacts. Short term negligible to no direct and indirect

adverse impacts. Sources: TPWD, Rare Threatened and Endangered Species of Texas by County: http://www.tpwd.state.tx.us/landwater/land/maps/gis/ris/endangered_species/index.phtml; TPWD, A List of the Rare Plants of Texas (December 2010 Edition): https://www.tpwd.state.tx.us/publications/pwdpubs/media/pwd_rp_w7000_1142.pdf; Herps of Texas: http://www.herpsoftexas.org/; Texas Freshwater Fishes, Texas State University: http://www.bio.txstate.edu/~tbonner/txfishes/index.htm; The Mammals of Texas by David J. Schmidly; Revised edition 2004; and Bats of Texas by Loren K. Ammerman 2012

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APPENDIX E

Best Management Practices

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APPENDIX E 1

Best Management Practices 2

[[Preparer’s Note: The BMPs listed below are still being developed and subject to change.]] 3

The following best management practices (BMPs) will be implemented for all Selective 4 Maintenance and Repair Program activities. As described in Section 1.2 of the Biological 5 Assessment associated with this EA, U.S. Customs and Border Control (CBP) will use an 6 established planning and work development process to identify the BMPs that must be 7 implemented for each project. To identify species-specific BMPs that must be implemented, 8 CBP environmental subject matter experts (SMEs) will identify which species potentially occur 9 in the geographic location of each maintenance and repair activity using information such as that 10 shown in Appendix D. They will then consider other available sources of information, such as 11 prior survey data, aerial photographs, site visits, and previously developed environmental 12 documentation, to evaluate whether suitable habitat for federally listed threatened and 13 endangered species could occur at each project location. The environmental SME will also 14 determine if a survey conducted by a qualified biologist is required prior to maintenance and 15 repair activities to determine if habitat is present or is required by a BMP. If necessary, the 16 environmental SMEs will hold further consultation with the U.S. Fish and Wildlife Service 17 (USFWS) to clarify any compliance requirements. 18

Land Use 19

1. CBP will notify all land managers at least 5 days in advance of any scheduled 20 maintenance and repair activities on their lands. 21

Geology and Soil Resources 22

1. Silt fencing and floating silt curtains should be installed and maintained to prevent 23 movement of soil and sediment and to minimize turbidity increases in water. 24

2. Implement routine road maintenance practices to avoid making windrows with the soils 25 once grading activities are complete and use any excess soils on site to raise and shape 26 the road surface. 27

3. Only apply soil-binding agents during the late summer/early fall months to avoid impacts 28 on federally listed species. Do not apply soil-binding agents in or near (within 100 feet) 29 surface waters (e.g., wetlands, perennial streams, intermittent streams, washes). Only 30 apply soil-binding agents to areas that lack any vegetation. 31

4. Obtain materials such as gravel, topsoil, or fill from sources that are compatible with the 32 project area and are from legally permitted sites. Do not use materials from undisturbed 33 areas adjacent to the project area. 34

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Vegetation 1

1. Herbicide and pesticide applications must be made under the supervision of a licensed 2 applicator. A log of the chemical used, amount used, and specific location must be 3 maintained. 4

2. If mechanical methods are used to remove invasive plants, the entire plant should be 5 removed and placed in a disposal area. If herbicides are used, the plants will be left in 6 place. All chemical applications on federally managed land must be used in coordination 7 with the Federal land manager. Training to identify nonnative invasive plants will be 8 provided for CBP personnel or contractors, as necessary. 9

3. If the maintenance and repair activities will take place on a Federal agency’s land, the 10 appropriate agency’s herbicide policy for vegetation control must be followed. 11 Contractors applying herbicides must verify that the appropriate agency’s policy is being 12 followed, if it exists. This information should be requested from the contracting officer’s 13 technical representative (COTR). 14

4. New guidance from the U.S. Environmental Protection Agency (USEPA) on herbicide 15 application in riparian areas is imminent. Check with COTR on the status of these 16 regulations prior to applying herbicide in such areas. 17

5. Coordinate with the CBP environmental SME to determine if the maintenance or repair 18 activities occur in a highly sensitive area or an area that poses an unacceptable risk of 19 transmitting diseases and invasive species. If it is determined that maintenance or repair 20 activities occur in such an area, follow the CBP cleaning protocol. 21

6. A fire prevention and suppression plan will be developed and implemented for all 22 maintenance and repair activities that require welding or otherwise have a risk of starting 23 a wildfire. 24

7. Identify fill material, sandbags, hay bales, and mulch brought in from outside the project 25 area by its source location. Use sources that are sterile or weed-free. 26

8. Clearly demarcate the perimeter of all new areas to be disturbed using flagging or 27 temporary construction fencing. Do not allow any disturbance outside that perimeter. 28 Riparian vegetation should be protected during maintenance and repair activities. 29

9. Avoid the removal of mature trees providing shade or bank stabilization within the 30 riparian area of any waterway during maintenance or repair activities. 31

10. If vegetation must be removed, allow natural regeneration of native plants by cutting 32 vegetation with hand tools, mowing, trimming, or using other removal methods that 33 allow root systems to remain intact to prevent disturbance that encourages establishment 34 of invasive plant species. In addition, all soils that are disturbed that will not otherwise 35 be stabilized during maintenance and repair activities shall be reseeded using species 36 native to the project vicinity. This BMP does not apply to any non-native, invasive 37 vegetation control that may occur as part of the tactical infrastructure maintenance and 38 repair Program. 39

11. Vegetation targeted for retention will be flagged for avoidance to reduce the likelihood of 40 being treated. 41

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12. Periodic inspections of tactical infrastructure by the CBP SME will be conducted to 1 evaluate and document conditions, including erosion, and to ensure that prescriptions are 2 followed and performed in the appropriate community types. As necessary, maintenance 3 or repair will be scheduled to minimize erosion and correct other adverse conditions. 4

13. Clearing of riparian vegetation will not occur within 100 feet of aquatic habitats to 5 provide a buffer area to protect the habitat from sedimentation. 6

Wildlife 7

1. If hollow bollards are necessary, cover hollow bollards (i.e., those that will be filled with 8 a reinforcing material such as concrete) to prevent wildlife from entrapment. Deploy 9 covers (and ensure they remain fully functioning) when the posts or hollow bollards 10 arrive on the site and are unloaded, until they are filled with reinforcing material. 11

2. Ensure temporary light poles and other pole-like structures used for maintenance and 12 repair activities have anti-perch devices to discourage roosting by birds. 13

3. Clearing of riparian vegetation will not occur within 100 feet of aquatic habitats to 14 provide a buffer area to protect the habitat from sedimentation. 15

4. Minimize animal collisions during maintenance and repair activities by not exceeding 16 speed limits of 35 miles per hour (mph) on major unpaved roads (i.e., graded with ditches 17 on both sides) and 25 mph on all other unpaved roads. During periods of decreased 18 visibility (e.g., night, poor weather, curves), do not exceed speeds of 25 mph. 19

5. Do not permit pets owned or under the care of the contractor or sector personnel inside 20 the project boundaries, adjacent native habitats, or other associated work areas. 21

6. To prevent entrapment of wildlife species, ensure excavated, steep-walled holes or 22 trenches are either completely covered by plywood or metal caps at the close of each 23 work day, or include one or more escape ramps (at no greater than 1,000-foot intervals 24 and sloped less than 45 degrees) constructed of earth fill or wooden planks. 25

7. Each morning before the start of maintenance or repair activities and before excavated, 26 steep-walled holes or trenches are filled, ensure they are thoroughly inspected for trapped 27 animals. Ensure that any animals discovered are allowed to escape voluntarily (by escape 28 ramps or temporary structures), without harassment, before maintenance or repair 29 activities resume; or are removed from the trench or hole by a qualified person and 30 allowed to escape unimpeded. 31

Threatened and Endangered Species and Other Protected Species 32

General BMPs 33

1. Coordinate with COTR or environmental SME to determine which threatened and 34 endangered species could occur in the vicinity of maintenance and repair activities. In 35 areas where there are no threatened and endangered or other species concerns, the 36 personnel performing the maintenance or repair activity are responsible for monitoring 37 the implementation of general maintenance and repair BMPs to avoid impacts on the 38 environment. 39

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2. To protect individual federally listed species within the project area, suspend work in the 1 immediate vicinity of the individual until it moves out of harm’s way on its own, or enlist 2 a qualified specialist (i.e., individuals or agency personnel with a permit to handle the 3 species) to relocate the animal to a nearby safe location in accordance with accepted 4 species-handling protocols. 5

3. Vegetation control outside the immediate footprint of tactical infrastructure within 6 suitable habitat and within the range or designated critical habitat of threatened and 7 endangered species. If a threatened or endangered species, primary constituent element 8 (PCE), or other indicators of suitable habitat occur within the project area, then further 9 consultation with USFWS will be required 10

4. Develop and implement a training program to inform maintenance or repair personnel of 11 the federally listed species that occur within the Program area, penalties for violation of 12 Federal or state laws, proper implementation of included BMPs, and reporting methods. 13

5. Check visible space underneath all vehicles and heavy equipment for federally listed 14 species and other wildlife prior to moving vehicles and equipment at the beginning of 15 each workday and after vehicles have idled for more than 15 minutes. 16

6. Coordinate with the CBP environmental SME to determine if the maintenance or repair 17 activities occur in a highly sensitive area or an area that poses an unacceptable risk of 18 transmitting diseases and invasive species. If it is determined that maintenance or repair 19 activities occur in such an area, follow the CBP cleaning protocol for all equipment. 20

7. Equipment staging areas shall be located at previously used staging areas or at least 0.3 21 miles away from known, occupied sites of listed aquatic species. 22

8. CBP will not use surface water from aquatic or marsh habitats for maintenance and repair 23 projects, if that site supports aquatic federally listed species or if it contains non-native 24 invasive species or disease vectors based on the best available information provided by 25 USFWS. 26

9. CBP will not use surface water from untreated sources, including water used for 27 irrigation purposes, for maintenance and repair projects located within one mile of 28 aquatic habitat for federally-listed aquatic species. Groundwater or surface water from a 29 treated municipal source will be used when within 1 mile of such habitats. 30

Migratory Bird BMPs 31

1. Initial mechanical and chemical vegetation clearing and subsequent mechanical 32 vegetation control should be timed to avoid the migration, breeding, and nesting 33 timeframe of migratory birds (March 15 through September 15). Herbicide retreatments 34 could occur throughout the year. When initial mechanical and chemical vegetation 35 control must be implemented during March 15 through September 15, a survey for 36 nesting migratory birds will be conducted immediately prior to the start of activities. If 37 an active nest is found, a buffer zone (91 meters [300 feet]) will be established around the 38 nest and no activities will occur within that zone until nestlings have fledged and 39 abandoned the nesting area. 40

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2. A survey for migratory birds will also be conducted prior to all other maintenance and 1 repair activities to be implemented during the nesting period in areas where migratory 2 birds might be nesting. 3

3. If maintenance or repair is scheduled during the migratory bird-nesting season, take steps 4 to prevent migratory birds from establishing nests in the potential impact area. These 5 steps could include covering equipment and structures, and use of various excluders 6 (e.g., noise). Birds can be harassed to prevent them from nesting on the site. Once a nest 7 is established, they cannot be harassed until all young have fledged and left the nest site. 8 If nesting birds are found during the supplemental survey, defer intrusive maintenance 9 and repair activities until the birds have left the nest. Confirmation that all young have 10 fledged should be made by qualified personnel. 11

Species Specific BMPs 12

Federally Listed Plants in the Action Area: ashy dogweed (Thymophylla tephroleuca), bunched 13 cory cactus (Coryphantha ramillosa), Chisos Mountain hedgehog cactus (Echinocereus 14 chisoensis var. chisoensis), Hinckley's oak (Quercus hinckleyi), Johnston's frankenia (Frankenia 15 johnstonii), Lloyd’s Mariposa cactus (Echinomastus mariposensis), Tobusch fishhook cactus 16 (Sclerocactus brevihamatus ssp. tobuschii), Sneed pincushion cactus (Coryphantha sneedii var. 17 sneedii), South Texas ambrosia (Ambrosia cheiranthifolia), star cactus (Astrophytum asterias), 18 Terlingua Creek cat's-eye (Cryptantha crassipes), Texas ayenia (Ayenia limitaris), Texas 19 snowbells (Styrax platanifolius ssp. texanus), Walker's manioc (Manihot walkerae), and Zapata 20 bladderpod (Lesquerella thamnophila). Table E-1 presents the suitable habitat and blooming 21 seasons for these species. 22

1. Vegetation control in suitable habitat of threatened or endangered plant species will be 23 avoided unless a survey is conducted by a qualified biologist (see Table E-1 for a 24 description of suitable habitat). If vegetation-control activities occur in areas of known 25 occurrences of these species, critical habitat, and suitable habitat and are unavoidable 26 then a qualified biologist will conduct a survey during the appropriate blooming season 27 (see Table E-1). An area of sufficient size would be flagged to create a buffer large 28 enough to ensure that threatened or endangered plant species are not directly or indirectly 29 affected. 30

2. If maintenance and repair activities will occur in undisturbed areas outside of the 31 footprint of tactical infrastructure in areas of suitable habitat within the range or 32 designated critical habitat of threatened or endangered plant species (see Table E-1), a 33 qualified biologist will conduct a survey during the appropriate blooming season within 34 the maintenance or repair area. An area of sufficient size will be flagged in order to 35 create a buffer large enough to ensure that threatened and endangered plant species are 36 not directly or indirectly affected. In addition, if PCE’s are observed within critical 37 habitat, those areas will be avoided or further consultation with USFWS will be required. 38 Use of herbicides will not occur within areas of suitable habitat within the range or 39 designated critical habitat of threatened or endangered plant species unless approved by 40 the USFWS. 41

42

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Table E-1. Federally Listed Threatened and Endangered Plant Species 1 That Could Occur Within the Action Area 2

Common Name Habitat Blooming Season

Ashy dogweed Open areas on fine sandy-loam soils on level or rolling grasslands.

March-May

Bunched cory cactus Bouquillas and Santa Elena limestone formation within Chihuahuan desert

scrubland. April-August

Chisos Mountain hedgehog cactus

Alluvial flats at elevations of 650-750 meters (1,950-2,250 feet) in

Chihuahuan desert vegetation. March-July

Hinckley's oak

Dry limestone slopes at elevations between 1,066 and 1,370 meters

(3,500 and 4,500 feet) in Chihuahuan desert vegetation.

March-April

Johnston’s frankenia Open or sparsely vegetated rocky gypseous hillsides and saline flats.

year-round

Lloyd’s Mariposa cactus

Very open area with few shrubs in the Chihuahuan desert scrubland at

elevation between 750 and 1,050 meters (2,500 and 3,500 feet).

July-August

Tobusch fishhook cactus Eastern Edwards Plateau of Texas on

high stream banks. April-September

Sneed pincushion cactus

Cracks on vertical limestone cliffs and ledges within semi-desert grasslands at elevations of 1,200 to 2,350 meters

(3,900 to 7,700 feet).

March-May

South Texas ambrosia

Subtropical woodland communities within coastal prairies and savannas with well drained, heavy soils at low elevations from 7 to 20 meters (23 to

66 feet).

Year-round

Star cactus Sparse open thorn shrub and

grasslands with gravelly clay and loam soils.

Late summer-early fall

Terlingua Creek cat’s-eye

Open or sparsely vegetated areas with impure silty limestone soils (Fizzle Flat lentil) at elevation between 955 and 1,045 meters (3,150 and 3,450

feet).

March-May

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Common Name Habitat Blooming Season

Texas ayenia Open ground, on the edges of thickets, or within thickets, and on dry, alluvial

clay soils. Year-round

Texas snowbells Edwards Plateau Vegetation Area. Lightly wooded areas with vertical

limestone and dolomite cliffs. March-May

Walker’s manioc

Endemic to the Tamaulipan biotic province. Grows among low shrubs, native grasses, and herbaceous plants, either in full sunlight or in the partial

shade of shrubs.

April-September

Zapata bladderpod Graveled to sandy-loam soils on

upland terraces that are above the Rio Grande floodplain.

February-April

Federally Listed Fish in the Action Area: Big Bend gambusia (Gambusia gaigei), Devils River 1 minnow (Dionda diaboli), and Rio Grande silvery minnow (Hybognathus amarus). Table E-2 2 presents the suitable habitat for these species. 3

1. No in-water work will occur within suitable habitat in watersheds with known 4 occurrences or designated critical habitat without further consultation with the USFWS 5 (see Table E-2 for a description of suitable habitat). 6

2. Cleaning or modification of culverts and other work within drainages that could cause 7 sedimentation or otherwise affect water quality or quantity will not occur within, or 8 within 0.25 miles upstream of, critical habitat or other suitable habitat without further 9 consultation with the USFWS. 10

3. Use of herbicides will not occur in streams or other waterbodies with known occurrences 11 within the range or designated critical habitat unless approved by the USFWS. 12

Table E-2. Threatened and Endangered Fish Species Habitat 13

Common Name Suitable Habitat

Big Bend gambusia Spring habitats in the vicinity of

Boquillas Crossing and Rio Grande Village (Big Bend National Park).

Devils River minnow Channels of fast-flowing, spring-fed waters over gravel substrates in Val Verde and Kinney counties, Texas.

Rio Grande silvery minnow Areas of low to moderate water velocity in Big Bend National Park.

14

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Federally Listed Birds in the Action Area: black-capped vireo (Vireo atricapilla), southwestern 1 willow flycatcher (Empidonax trailli extimus), and yellow-billed cuckoo (Coccyzus americanus). 2 Table E-3 presents the suitable habitat and nesting seasons for these species. 3

1. Vegetation control in suitable habitat of threatened or endangered bird species will be 4 limited to the minimum necessary to maintain drivable access roads and to maintain the 5 functionality of other tactical infrastructure (see Table E-3 for a description of suitable 6 habitat and nesting season for each species). This limited vegetation control will be 7 conducted outside of the nesting season. This restriction does not apply to areas where 8 protocol surveys have been conducted and it has been determined that the area is not 9 occupied and does not contain PCEs. 10

2. For all other maintenance and repair activities to be conducted within suitable habitat of a 11 threatened or endangered bird species during the nesting season, the following avoidance 12 measures will apply. A qualified biologist will conduct a survey for threatened and 13 endangered birds prior to initiating maintenance and repair activities. If a threatened or 14 endangered bird is present, a qualified biologist will survey for nests approximately once 15 per week within 152 meters (500 feet) of the maintenance or repair area for the duration 16 of the activity. If an active nest is found, no maintenance or repair will be conducted 17 within 152 meters (500 feet) of the nest until the young have fledged. 18

Table E-3. Threatened and Endangered Bird Species Suitable Habitat and Nesting Season 19

Common Name Suitable Habitat Nesting Season

Black-capped vireo Deciduous shrubland areas with 30 to 60 percent cover in the Edwards Plateau and eastern Trans-Pecos

late-March through mid-September

Southwestern willow flycatcher

Dense riparian habitats along streams, rivers, lakesides, and other wetlands

Mar 15–Sep 15

Yellow-billed cuckoo Low to moderate elevation riparian woodlands greater than or equal to 50 acres in size.

June 15-August 31

Federally Listed Mammals in the Action Area: Mexican long-nosed bat (Leptonycteris nivalis) 20

1. Removal of agave will be limited to the minimum necessary to maintain drivable access 21 roads and to maintain the functionality of other tactical infrastructure. Prior to 22 conducting any maintenance or repair activity outside of the existing disturbed footprint 23 of tactical infrastructure within the range of this species, a qualified biologist will conduct 24 a survey to identify and flag all agave to be avoided. 25

2. No maintenance and repair activities will be conducted June through August within 0.5 26 miles of any known roost (i.e., Emory Peak Cave in Big Bend National Park) identified and 27 agreed upon by the USFWS and CBP. 28

3. For maintenance and repair activities that will take place more than 0.5 miles and less 29 than 5 miles of important Mexican long-nosed bat roost (i.e., Emory Peak Cave in Big 30 Bend National Park), limit activities to daylight hours only from June through August to 31 avoid effects to bats in bat roosts. If night lighting is unavoidable: (1) minimize the 32

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number of lights used; (2) place lights on poles pointed down toward the ground, with 1 shields on lights to prevent light from going up into sky, or out laterally into landscape; 2 and (3) selectively place lights so they are directed away from native vegetation. 3

Gulf Coast jaguarundi (Herpailurus yagouaroundi cacomitli) and ocelot (Leopardus pardalis) 4

1. Avoid noise and lighting impacts during the night by conducting maintenance activities 5 during daylight hours only. If night lighting is unavoidable, light should shine directly 6 onto the work area to ensure worker safety and efficiency, and light should not exceed 7 1.5 foot-candles in jaguarundi and ocelot habitat (i.e., dense thornscrub). 8

Water Resources 9

1. The environmental SME must be consulted to validate the need for site-specific storm 10 water pollution prevention plans (SWPPPs), spill protection plans, and regulatory 11 approvals. Site-specific SWPPPs and spill protection plans will be prepared and 12 regulatory approval sought, if necessary, in cases of highly sensitive work sites and large 13 scopes of work that pose a significant risk. Where a site-specific SWPPP is not 14 necessary, the personnel performing the maintenance will comply with a generic SWPPP 15 and spill protection plan that covers most routine maintenance and repair activities. Prior 16 to arrival on the work site, key personnel will understand correct implementation of these 17 BMPs and their responsibility to address deficiencies. 18

2. The environmental SME will provide locations that have the potential for wetlands or 19 other waters of the United States. If no current existing U.S. Army Corps of Engineers 20 (USACE) jurisdictional determination is available, a delineation will be conducted and 21 jurisdictional determination will be obtained from the USACE. Prior to conducting any 22 activities that have the potential to affect wetlands and other waters of the United States, 23 all Federal and state Clean Water Act (CWA) Section 404 individual or applicable 24 nationwide permits and 401 and other applicable permits will be obtained. 25

3. Prepare and implement an SWPPP as required by regulation prior to applicable 26 maintenance and repair activities (i.e., those with greater than 1 acre of exposed dirt or as 27 required by property manager). Implement BMPs described in the SWPPP to reduce 28 erosion. Consider areas with highly erodible soils when planning the maintenance and 29 repair activities and incorporate measures such as waddles, aggregate materials, and 30 wetting compounds in the erosion-control BMPs. 31

4. Coordinate with the environmental SME to determine which maintenance activities occur 32 within the 100-year floodplain. Maintenance activities within the 100-year floodplain 33 will be conducted in a manner consistent with Executive Order 11988 and other 34 applicable regulations. 35

5. All maintenance contractors and personnel will review the CBP-approved spill protection 36 plan and implement it during maintenance and repair activities. 37

6. Coordinate with the environmental SME to ensure that CWA permits are in place for any 38 changes to existing boat ramps. 39

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7. Contact the environmental SME to coordinate with waterway permitting agencies when 1 performing work below the ordinary high water mark. 2

8. Wastewater from pressure washing must be collected. A ground pit or sump can be used 3 to collect the wastewater. Wastewater from pressure washing must not be discharged 4 into any surface water. 5

9. If soaps or detergents are used, the wastewater and solids must be pumped/cleaned out 6 and disposed of in an approved facility. If no soaps or detergents are used, the 7 wastewater must first be filtered or screened to remove solids before being allowed to 8 flow off site. Detergents and cleaning solutions must not be sprayed over or discharged 9 into surface waters. 10

10. If the surrounding area has dense, herbaceous cover (i.e., primarily grasses) and there are 11 no listed plant species or habitat for such, the wastewater (with or without detergent) 12 could be discharged directly to the grassy area without collection or filtering as long as it 13 is well dispersed and all the wastewater can percolate into the grass and soil. If 14 wastewater runs off the grassy area, it must be filtered. 15

11. Prevent runoff from entering drainages or storm drains by placing fabric filters, sand bag 16 enclosures, or other capture devices around the work area. Empty or clean out the 17 capture device at the end of each day and properly dispose of the wastes. 18

12. Avoid contaminating natural aquatic and wetland systems with runoff by limiting all 19 equipment maintenance, staging, laydown, and dispensing hazardous liquids (e.g., fuel 20 and oil) to designated upland areas. 21

13. Avoid contamination of groundwater and surface waters by collecting concrete wash 22 water in open containers, and frequently disposing of it on site by application as a binder 23 to riprap areas. Avoid contamination of groundwater and surface waters by storing any 24 water that has been contaminated (e.g., with maintenance materials, oils, equipment 25 residue) in closed containers on site until removed for disposal. In upland areas, storage 26 tanks must be on-ground containers. 27

14. Avoid contamination of groundwater and surface waters by ensuring that water tankers 28 that convey untreated surface water do not discard unused water where it has the potential 29 to enter any aquatic or wetland habitat. 30

15. Cease work during heavy rains and do not resume work until conditions are suitable for 31 the movement of equipment and materials. 32

16. Uncured concrete should not be allowed to enter the water. 33

17. Work should be done from the top of the bank or a floating barge, when practicable. 34 Heavy equipment use within the active flowing channel should be avoided. 35

18. Floating dock components containing foam must be encapsulated to prevent the 36 introduction of foam particles into the water. 37

19. For all in-water work in streams, sediment barriers will be used to avoid downstream 38 effects of turbidity and sedimentation. 39

20. Do not pressure wash more than the area to be painted or treated (e.g., for graffiti 40 removal) each day. 41

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21. If the purpose of cleaning is for graffiti removal, spot clean, steam clean, or scrape dirty 1 areas rather than pressure washing entire sections of fence or levee wall. 2

22. Operate pressure-washing equipment according to manufacturer’s recommendations. 3

23. Except for emergency repairs required to protect human life, limit work within drainages 4 to dry periods to reduce effects on downstream water quality. 5

24. Riprap should be placed on a layer of geotextile fabric to prevent underlying sediment 6 from being washed out through the openings of the riprap. 7

25. Riprap should be keyed into the wash/streambed to ensure its stability and effectiveness. 8

Noise 9

1. All Occupational Safety and Health Administration requirements will be followed with 10 respect to maintenance and repair noise impacts. Ensure all motorized equipment 11 possess properly working mufflers and are kept properly tuned to reduce backfires. 12 Ensure all motorized generators will be in baffle boxes (i.e., a sound-resistant box that is 13 placed over or around a generator), have an attached muffler, or use other noise-14 abatement methods in accordance with industry standards. For activities involving 15 heavy equipment that could generate noise, seasonal restrictions might be required to 16 avoid impacts on threatened or endangered species in areas where these species or their 17 potential habitat occur. See species-specific BMPs. 18

Cultural Resources 19

1. If Native American human remains are discovered during maintenance and repair of 20 tactical infrastructure, CBP will consult with culturally affiliated tribes and the Texas 21 State Historic Preservation Officer regarding their management and disposition in 22 compliance with Native American Graves Protection and Repatriation Act. 23

2. Obtain all pertinent training materials for cultural resources for the areas where 24 maintenance and repair activities will occur. Prior to arrival on the work site, ensure key 25 personnel are aware of the cultural resources potentially occurring in the project area and 26 understand the proper BMPs to implement should cultural resources be encountered in 27 the project area. 28

Roadways and Traffic 29

1. Access maintenance and repair sites using designated, existing roads. Do not allow any 30 off-road vehicular travel outside those areas. Ensure all parking is in designated 31 disturbed areas. For longer-term projects, mark designated travel corridors with easily 32 observed removable or biodegradable markers. 33

2. All contractors and maintenance personnel will operate within the designed/approved 34 maintenance corridor. 35

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Hazardous Materials and Waste Management 1

1. Where hazardous and regulated materials are handled, workers should collect and store 2 all fuels, waste oils, and solvents in clearly labeled closed tanks and drums within a 3 secondary containment system that consists of an impervious floor and bermed sidewalls 4 capable of containing the volume of the largest container stored therein. 5

2. All paints and cleaning materials should be approved by the appropriate land manager. 6

3. Use a ground cloth or an oversized tub for paint mixing and tool cleaning. Properly 7 dispose of the wastes. 8

4. Enclose spray-painting operations with tarps or other means to minimize wind drift and 9 to contain overspray. 10

5. Clean paintbrushes and tools covered with water-based paints in sinks plumbed to a 11 sanitary sewer or in portable containers that can be dumped into sanitary sewer drains. 12 Never clean such tools in a natural drainage or over a storm drain. 13

6. Brushes and tools covered with non-water-based paints, finishes, thinners, solvents, or 14 other materials must be cleaned over a tub or container and the cleaning wastes disposed 15 of or recycled at an approved facility. Never clean such tools in a natural drainage or 16 over a storm drain. 17

7. If maintenance or repair activities will continue at night, direct shielded light only onto 18 the area required for worker safety and productivity. Lights will not exceed 1.5-foot 19 candles within the lit area. 20

8. Implement proper and routine maintenance of all vehicles and other maintenance and 21 repair equipment such that emissions are within the design standards of all equipment. 22

9. Use water-based paints instead of oil-based paints. Look for the words “Latex” or 23 “Cleanup with water” on the label. Do not rinse into natural drainages (e.g., creeks, 24 irrigation canals, wetlands) or storm drains. 25

10. Do not use paints more than 15 years old. They could contain toxic levels of lead. 26

11. Use ground or drop cloths underneath painting, scraping, sandblasting, and graffiti 27 removal work. Properly dispose of the waste and scraps collected on the drop cloth. 28

12. Minimize site disturbance and avoid attracting predators by promptly removing waste 29 materials, wrappers, and debris from the site. Any waste that must remain on site more 30 than 12 hours should be properly stored in closed containers until disposal. 31

Socioeconomic Resources, Environmental Justice, and Protection of Children 32

No BMPs were identified for socioeconomic resources, environmental justice, or the 33 protection of children. 34

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APPENDIX F

Soils Mapped within the Tactical Infrastructure Maintenance

and Repair Action Area

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APPENDIX F 1

Soils within the Tactical Infrastructure 2

Maintenance and Repair 3

Action Area 4

Table F-1. Soil Properties of Soils Mapped within the U.S./Mexico Study Area 5

Map Unit Name Counties Erosion

Potential Farmland

Classification Permeability

Nickel-Del Norte-Canutio-Badland

El Paso, Hudspeth, Jeff Davis, Presidio, Brewster

Moderate None Moderate to moderately rapid

Volco-Rock Outcrop-Lozier-Hodgkins-Brewster

El Paso, Jeff Davis Severe None Moderate to moderately rapid

Wink-Pintura-Bluepoint El Paso Slight None Moderate to moderately rapid

Tigua-Harkey-Glendale-Gila

Hudspeth Slight None Moderate

Bluepoint-Badland Hudspeth Slight None Rapid

Wink-Hueco Hudspeth Slight None Moderate to moderately rapid

Upton-Tencee-Sanderson-Reakor-Reagan

Hudspeth, Jeff Davis, Presidio, Brewster

Moderate None Moderate

Ratliff-Lozier-Conger Jeff Davis Moderate None Moderate

Rock outcrop-Lozier Jeff Davis, Presidio, Brewster

Severe None Slight

Rock outcrop-Liv-Brewster

Presidio, Brewster Severe None Slight

Rock outcrop-Beach-Allamore

Presidio Severe None Slight

Wink-Simona-Mimbres-Agustin

Presidio, Brewster Slight None Moderate to moderately rapid

Verhalen-Redona-Reagan-Musquiz

Presidio, Brewster Slight None Slight

Lomalta-Galveston-Sejita Cameron Slight to moderate

None Slight to moderate

Rio Grande-Camargo-Matamoros

Starr, Hidalgo, Cameron,

Moderate Prime farmland

Moderate

Harlingen-Laredo-Lagloria Hidalgo, Cameron Slight to moderate

Prime Farmland soil if irrigated

Very slow to moderate

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Map Unit Name Counties Erosion

Potential Farmland

Classification Permeability

Hidalgo-Willacy-Delfina Hidalgo, Cameron Slight Prime Farmland soil

Moderate to moderately rapid

Sarita-Falfurrias-Nueces Starr, Hidalgo Slight None Moderate to moderately rapid

McAllen-Hidalgo-Brennan Starr, Hidalgo, Cameron

Slight Prime Farmland soil if irrigated

Moderate to moderately rapid

Delmita-Zapata Webb, Zapata, Starr, Hidalgo

Slight None Moderate to moderately rapid

Catarina-Montell-Jimenez Maverick, Webb, Zapata, Starr, Hidalgo

Slight None Very slow to moderate

Monteola-Montell-Zapata Webb Slight None Very slow to moderate

Duval-Webb-Zapata Maverick, Webb, Zapata

Slight None Moderate

Uvalde-Montell-Zapata Maverick Slight None Very slow to moderate

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APPENDIX G

Air Quality Emissions Calculations

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SummaryEstimated Emissions for C1

Summary Summarizes total emissions by calendar year for the Proposed Action for the Texas USBP Sectors

Combustion Estimates emissions from non-road equipment exhaust.

Fugitive Estimates particulate emissions from construction activities including earthmoving, vehicle traffic, and windblown dust.

Grading Estimates the number of days of site preparation, to be used for estimating heavy equipment exhaustand earthmoving dust emissions.

Construction Commuter Estimates emissions for construction workers commuting to the site.

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SummaryEstimated Emissions for C1

Air Quality Emissions from the Proposed Action

NOx VOC CO SO2 PM10 PM2.5 CO2

(ton) (ton) (ton) (ton) (ton) (ton) (ton)Construction Combustion 11.37 0.70 4.29 0.23 0.69 0.67 1,349.04 Construction Fugitive Dust - - - - 1,039.13 103.91 - Construction Commuter 0.11 0.11 0.99 0.001 0.01 0.01 131.48 TOTAL 11.48 0.81 5.28 0.23 1,039.83 104.59 1,480.52

Note: Total PM10/2.5 fugitive dust emissions are assuming USEPA 50% control efficiencies.

CO2 emissions converted to metric tons = 1,342.83 metric tonsState of Texas' CO2 emissions = 622,690,081 metric tons (EIA 2011)Percent of State of Texas' CO2 emissions = 0.0002% metric tons

Source: U.S. Department of Energy, Energy Information Administration (EIA). 2011. State Carbon Dioxide Emissions Summary by State. Available online: <http://www.eia.doe.gov/oiaf/1605/state/state_emissions.html>. Accessed 17 January 2011.

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Project CombustionEstimated Emissions for C1

Combustion EmissionsCombustion Emissions of VOC, NOx, SO2, CO, PM2.5, PM10, and CO2 due to Construction

General Construction Activities Area Disturbed

Texas USBP Sector Grading Activities 39,705,600 ft2 Road Grading would be 376 miles by 20 feet wide

Total General Construction Area: 39,705,600 ft2

911.5 acresTotal Demolition Area: 0 ft2 (none)

0.0 acresTotal Pavement Area: 0 ft2 (none)

0.0 acresTotal Disturbed Area: 39,705,600 ft2

911.5 acresConstruction Duration: 12 months

Annual Construction Activity: 240 days/yr Assume 12 months, 4 weeks per month, 5 days per week.

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Project CombustionEstimated Emissions for C1

Emission Factors Used for Construction Equipment

References: Guide to Air Quality Assessment, SMAQMD, 2004; and U.S. EPA NONROAD Emissions Model, Version 2005.0.0Emission factors are taken from the NONROAD model and were provided to e²M by Larry Landman of the Air Quality and Modeling Center ([email protected]) on 12/14/07. Factors provided are for the weighted average US fleet for CY2007. Assumptions regarding the type and number of equipment are from SMAQMD Table 3-1 unless otherwise noted.

Grading No. Reqd.a NOx VOCb

CO SO2c PM10 PM2.5 CO2

Equipment per 10 acres (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day)Bulldozer 1 13.60 95.742% 5.50 1.02 0.89 0.87 1456.90

Motor Grader 1 9.69 0.73 3.20 0.80 0.66 0.64 1141.65Water Truck 1 18.36 0.89 7.00 1.64 1.00 0.97 2342.98

Total per 10 acres of activity 3 41.64 2.58 15.71 0.83 2.55 2.47 4941.53

PavingNo. Reqd.a NOx VOCb

CO SO2c PM10 PM2.5 CO2

Equipment per 10 acres (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day)Paver 1 3.83 0.37 2.06 0.28 0.35 0.34 401.93Roller 1 4.82 0.44 2.51 0.37 0.43 0.42 536.07Truck 2 36.71 1.79 14.01 3.27 1.99 1.93 4685.95

Total per 10 acres of activity 4 45.37 2.61 18.58 0.91 2.78 2.69 5623.96

DemolitionNo. Reqd.a NOx VOCb

CO SO2c PM10 PM2.5 CO2

Equipment per 10 acres (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day)Loader 1 13.45 0.99 5.58 0.95 0.93 0.90 1360.10

Haul Truck 1 18.36 0.89 7.00 1.64 1.00 0.97 2342.98Total per 10 acres of activity 2 31.81 1.89 12.58 0.64 1.92 1.87 3703.07

Building ConstructionNo. Reqd.a NOx VOCb

CO SO2c PM10 PM2.5 CO2

Equipmentd per 10 acres (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) Stationary

Generator Set 1 2.38 0.32 1.18 0.15 0.23 0.22 213.06Industrial Saw 1 2.62 0.32 1.97 0.20 0.32 0.31 291.92

Welder 1 1.12 0.38 1.50 0.08 0.23 0.22 112.39 Mobile (non-road)

Truck 1 18.36 0.89 7.00 1.64 1.00 0.97 2342.98Forklift 1 5.34 0.56 3.33 0.40 0.55 0.54 572.24Crane 1 9.57 0.66 2.39 0.65 0.50 0.49 931.93

Total per 10 acres of activity 6 39.40 3.13 17.38 3.12 2.83 2.74 4464.51

Note: Footnotes for tables are on following page

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Project CombustionEstimated Emissions for C1

Architectural CoatingsNo. Reqd.a NOx VOCb

CO SO2c PM10 PM2.5 CO2

Equipment per 10 acres (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day)Air Compressor 1 3.57 0.37 1.57 0.25 0.31 0.30 359.77

Total per 10 acres of activity 1 3.57 0.37 1.57 0.25 0.31 0.30 359.77

a) The SMAQMD 2004 guidance suggests a default equipment fleet for each activity, assuming 10 acres of that activity, (e.g., 10 acres of grading, 10 acres of paving, etc.). The default equipment fleet is increased for each 10 acre increment in the size of the construction project. That is, a 26 acre project would round to 30 acres and the fleet size would be three times the default fleet for a 10 acre project.b) The SMAQMD 2004 reference lists emission factors for reactive organic gas (ROG). For the purposes of this worksheet ROG = VOC. The NONROAD model contains emissions factors for total HC and for VOC. The factors used here are the VOC factors.c) The NONROAD emission factors assume that the average fuel burned in nonroad trucks is 1100 ppm sulfur. Trucks that would be used for the Proposed Actions will all be fueled by highway grade diesel fuel which cannot exceed 500 ppm sulfur. These estimates therefore over- estimate SO2 emissions by more than a factor of two.d) Typical equipment fleet for building construction was not itemized in SMAQMD 2004 guidance. The equipment list above was assumed based on SMAQMD 1994 guidance.

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Project CombustionEstimated Emissions for C1

PROJECT-SPECIFIC EMISSION FACTOR SUMMARY

Project-Specific Emission Factors (lb/day)NOx VOC CO SO2** PM10 PM2.5 CO2

91 3789.352 234.506 1429.601 75.787 231.642 224.693 449678.8981 45.367 2.606 18.578 0.907 2.776 2.693 5623.9571 31.808 1.886 12.584 0.636 1.923 1.865 3703.0741 39.396 3.130 17.382 3.116 2.829 2.744 4464.5121 3.574 0.373 1.565 0.251 0.309 0.300 359.773

0.000*The equipment multiplier is an integer that represents units of 10 acres for purposes of estimating the number of equipment required for the project.**Emission factor is from the evaporation of solvents during painting, per "Air Quality Thresholds of Significance", SMAQMD, 1994

Example: SMAQMD Emission Factor for Grading Equipment NOx = (Total Grading NOx per 10 acre)*(Equipment Multiplier)

Summary of Input ParametersTotal Days

Grading: 39,705,600 911.52 6 (from "Grading" worksheet)Paving: 0 0.00 0

Demolition: 0 0.00 0Building Construction: 0 0.00 0Architectural Coating 0 0.00 0 (per SMAQMD "Air Quality of Thresholds of Significance", 1994)

NOTE: The 'Total Days' estimate for paving is calculated by dividing the total number of acres by 0.21 acres/day, which is a factor derived from the 2005 MEANSHeavy Construction Cost Data, 19th Edition, for 'Asphaltic Concrete Pavement, Lots and Driveways - 6" stone base', which provides an estimate of squarefeet paved per day. There is also an estimate for 'Plain Cement Concrete Pavement', however the estimate for asphalt is used because it is more conservative. The 'Total 'Days' estimate for demolition is calculated by dividing the total number of acres by 0.02 acres/day, which is a factor also derived from the 2005 MEANS reference. This is calculated by averaging the demolition estimates from 'Building Demolition - Small Buildings, Concrete', assuming a height of 30 feet for a two-story building; from 'Building Footings and Foundations Demolition - 6" Thick, Plain Concrete'; and from 'Demolish, Remove Pavement and Curb - Concrete to 6" thick, rod reinforced'. Paving is double-weighted since projects typically involve more paving demolition.The 'Total Days' estimate for building construction is assumed to be 230 days, unless project-specific data is known.

Total Project Emissions by Activity (lbs)

NOx VOC CO SO2 PM10 PM2.5 CO2

Grading Equipment 22,736.11 1,407.03 8,577.61 454.72 1,389.85 1,348.16 2,698,073Paving - - - - - - 0Demolition - - - - - - 0Building Construction - - - - - - 0Architectural Coatings - - - - - - 0

Total Emissions (lbs): 22,736.11 1,407.03 8,577.61 454.72 1,389.85 1,348.16 2,698,073

Results: Total Project Annual Emission Rates

NOx VOC CO SO2 PM10 PM2.5 CO2

Total Project Emissions (lbs) 22,736.11 1,407.03 8,577.61 454.72 1,389.85 1,348.16 2,698,073Total Project Emissions (tons) 11.37 0.70 4.29 0.23 0.69 0.67 1,349.04

SourceGrading Equipment

Total Area

(ft2)Total Area

(acres)

Equipment Multiplier*

Architectural Coating**

Demolition EquipmentBuilding Construction

Paving Equipment

Air Compressor for Architectural Coating

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Project FugitiveEstimated Emissions for C1

Construction Fugitive Dust Emission FactorsEmission Factor Units Source

General Construction Activities 0.19 ton PM10/acre-month MRI 1996; EPA 2001; EPA 2006

New Road Construction 0.42 ton PM10/acre-month MRI 1996; EPA 2001; EPA 2006

PM2.5 Emissions

PM2.5 Multiplier 0.10 EPA 2001; EPA 2006

Control Efficiency 0.50 EPA 2001; EPA 2006

New Roadway Construction (0.42 ton PM 10 /acre-month)Duration of Construction Project - monthsArea - acres

General Construction Activities (0.19 ton PM 10 /acre-month)Duration of Construction Project 12 monthsArea 911.5 acres

PM10 uncontrolled PM10 controlled PM2.5 uncontrolled PM2.5 controlled

New Roadway Construction - - - - General Construction Activities 2,078.25 1,039.13 207.83 103.91

Total 2,078.25 1,039.13 207.83 103.91

Construction Fugitive Dust Emissions

(10% of PM10

emissions assumed to be PM2.5)

(assume 50% control efficiency for PM10

and PM2.5 emissions)

Project Assumptions

Project Emissions (tons/year)

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Project FugitiveEstimated Emissions for C1

General Construction Activities Emission Factor0.19 ton PM10/acre-month Source: MRI 1996; EPA 2001; EPA 2006

New Road Construction Emission Factor0.42 ton PM10/acre-month Source: MRI 1996; EPA 2001; EPA 2006

PM2.5 Multiplier 0.10

Control Efficiency for PM10 and PM2.5 0.50

References:

The EPA National Emission Inventory documentation recommends a control efficiency of 50% for PM10 and PM2.5 in PM nonattainment areas (EPA 2006). Wetting controls will be applied during project construction.

EPA 2001. Procedures Document for National Emissions Inventory, Criteria Air Pollutants, 1985-1999. EPA-454/R-01-006. Office of Air Quality Planning and Standards, United States Environmental Protection Agency. March 2001.

EPA 2006. Documentation for the Final 2002 Nonpoint Sector (Feb 06 version) National Emission Inventory for Criteria and Hazardous Air Pollutants. Prepared for: Emissions Inventory and Analysis Group (C339-02) Air Quality Assessment Division Office of Air Quality Planning and Standards, United States Environmental Protection Agency. July 2006.

MRI 1996. Improvement of Specific Emission Factors (BACM Project No. 1). Midwest Research Institute (MRI). Prepared for the California South Coast Air Quality Management District, March 29, 1996.

Construction Fugitive Dust Emission Factors

The area-based emission factor for construction activities is based on a study completed by the Midwest Research Institute (MRI) Improvement of Specific Emission Factors (BACM Project No. 1), March 29, 1996. The MRI study evaluated seven construction projects in Nevada and California (Las Vegas, Coachella Valley, South Coast Air Basin, and the San Joaquin Valley). The study determined an average emission factor of 0.11 ton PM10/acre-month for sites without large-scale cut/fill operations. A worst-case emission factor of 0.42 ton PM10/acre-month was calculated for sites with active large-scale earth moving operations. The monthly emission factors are based on 168 work-hours per month (MRI 1996). A subsequent MRI Report in 1999, Estimating Particulate Matter Emissions From Construction Operations, calculated the 0.19 ton PM10/acre-month emission factor by applying 25% of the large-scale earthmoving emission factor (0.42 ton PM10/acre-month) and 75% of the average emission factor (0.11 ton PM10/acre-month). The 0.19 ton PM10/acre-month emission factor is referenced by the EPA for non-residential construction activities in recent procedures documents for the National Emission Inventory (EPA 2001; EPA 2006). The 0.19 ton PM10/acre-month emission factor represents a refinement of EPA's original AP-42 area-based total suspended particulate (TSP) emission factor in Section 13.2.3 Heavy Construction Operations. In addition to the EPA, this methodology is also supported by the South Coast Air Quality Management District as well as the Western Regional Air Partnership (WRAP) which is funded by the EPA and is administered jointly by the Western Governor's Association and the National Tribal Environmental Council. The emission factor is assumed to encompass a variety of non-residential construction activities including building construction (commercial, industrial, institutional, governmental), public works, and travel on unpaved roads. The EPA National Emission Inventory documentation assumes that the emission factors are uncontrolled and recommends a control efficiency of 50% for PM10 and PM2.5 in PM nonattainment areas.

The emission factor for new road construction is based on the worst-case conditions emission factor from the MRI 1996 study described above (0.42 tons PM10/acre-month). It is assumed that road construction involves extensive earthmoving and heavy construction vehicle travel resulting in emissions that are higher than other general construction projects. The 0.42 ton PM10/acre-month emission factor for road construction is referenced in recent procedures documents for the EPA National Emission Inventory (EPA 2001; EPA 2006).

PM2.5 emissions are estimated by applying a particle size multiplier of 0.10 to PM10 emissions. This methodology is consistent with the procedures documents for the National Emission Inventory (EPA 2006).

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Project GradingEstimated Emissions for C1

Grading Schedule

Estimate of time required to grade a specified area.

Input ParametersConstruction area: 911.5 acres/yr (from Combustion Worksheet)

Qty Equipment: 274.0 (calculated based on 3 pieces of equipment for every 10 acres)

Assumptions.Terrain is mostly flat.An average of 6" soil is excavated from one half of the site and backfilled to the other half of the site; no soil is hauled off-site or borrowed.200 hp bulldozers are used for site clearing.300 hp bulldozers are used for stripping, excavation, and backfill.Vibratory drum rollers are used for compacting.Stripping, Excavation, Backfill and Compaction require an average of two passes each.Excavation and Backfill are assumed to involve only half of the site.

Calculation of days required for one piece of equipment to grade the specified area.

Reference: Means Heavy Construction Cost Data, 19th Ed., R. S. Means, 2005.

Means Line No. Operation Description Output UnitsAcres per equip-day)

equip-days per acre

Acres/yr (project-specific)

Equip-days per year

2230 200 0550 Site Clearing Dozer & rake, medium brush 8 acre/day 8 0.13 911.52 113.942230 500 0300 Stripping Topsoil & stockpiling, adverse soil 1,650 cu. yd/day 2.05 0.49 911.52 445.632315 432 5220 Excavation Bulk, open site, common earth, 150' haul 800 cu. yd/day 0.99 1.01 455.76 459.562315 120 5220 Backfill Structural, common earth, 150' haul 1,950 cu. yd/day 2.42 0.41 455.76 188.542315 310 5020 Compaction Vibrating roller, 6 " lifts, 3 passes 2,300 cu. yd/day 2.85 0.35 911.52 319.69

TOTAL 1527.35

Calculation of days required for the indicated pieces of equipment to grade the designated acreage.

(Equip)(day)/yr: 1,527.4 Qty Equipment: 274.0

Grading days/yr: 5.6

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Construction CommuterEstimated Emissions for C1

Construction Commuter Emissions

Emissions from construction workers commuting to the job site are estimated in this spreadsheet.

Assumptions:Passenger vehicle emission factors for scenario year 2010 are used.

The average roundtrip commute for a construction worker = 40 milesNumber of construction days = 240 days

Number of construction workers (daily) = 25 people

Passenger Vehicle Emission Factors for Year 2010 (lbs/mile)NOx VOC CO SO2 PM10 PM2.5 CO2

0.00091814 0.00091399 0.00826276 0.00001077 0.00008698 0.00005478 1.09568235

Notes:The SMAQMD 2007 reference lists emission factors for reactive organic gas (ROG). For purposes of this worksheet ROG = VOC.

Construction Commuter Emissions

NOx VOC CO SO2 PM10 PM2.5 CO2

lbs 220.354 219.357 1983.062 2.586 20.875 13.148 262963.764tons 0.110 0.110 0.992 0.0013 0.0104 0.0066 131.482

Example Calculation: NOx emissions (lbs) = 60 miles/day * NOx emission factor (lb/mile) * number of construction days * number of workers

Emission Estimation Method: Emission factors from the South Coast Air Quality Management District (SCAQMD) EMFAC 2007 (v 2.3) Model (on-road) were used. These emission factors are available online at http://www.aqmd.gov/ceqa/handbook/onroad/onroad.html.

Q y g ( ) updated April 24, 2008. Available online: <http://www.aqmd.gov/ceqa/handbook/onroad/onroad.html>. Accessed 27 May 2009.

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